Petitioner Type: State
Impact Date:
Filed Date: 02/23/2004
Most Recent Update: 03/05/2004
Determination Date: 03/05/2004
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-54,337
OWENS BROCKWAY
a/k/a OWENS ILLINOIS
ANTIOCH, CALIFORNIA
Negative Determination Regarding Eligibility
To Apply For Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974, as
amended (19 USC 2273), the Department of Labor herein presents the
results of an investigation regarding certification of eligibility
to apply for worker adjustment assistance.
The investigation was initiated on February 23, 2004, in
response to a petition filed on behalf of workers at Owens Brockway
(a/k/a Owens Illinois), Antioch, California. The workers performed
general warehousing activities only.
The investigation revealed that the petitioning workers of
this firm or subdivision do not produce an article within the
meaning of Section 222(c)(3) of the Act. The Department of Labor
has consistently determined that the performance of services does
not constitute production of an article, as required by Section 222
of the Trade Act of 1974, and this determination has been upheld in
the U.S. Court of Appeals.
Workers at the firm or subdivision may be certified only if
their separation was caused importantly by a reduced demand for
their services from a parent firm, a firm otherwise related to
their firm by ownership, or a firm related by control. A firm
includes an individual proprietorship, partnership, joint venture,
association, corporation (including a development corporation),
business trust, cooperative, trustee in bankruptcy, and receiver
under decree of any court. A firm, together with any predecessor or
successor-in-interest, or together with any affiliated firm
controlled or substantially beneficially owned by substantially the
same persons, may be considered a single firm.
Additionally, the reduction in demand for services must
originate at a production facility whose workers independently meet
the statutory criteria for certification, and the reduction must
directly relate to the product impacted by imports. These
conditions have not been met for workers at this firm.
Conclusion
After careful review, I determine that all workers of Owens
Brockway (a/k/a Owens Illinois), Antioch, California, are denied
eligibility to apply for adjustment assistance under Section 223 of
the Trade Act of 1974.
Signed at Washington, D.C., this 5th day of March, 2004.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-54,337
OWENS BROCKWAY
a/k/a OWENS ILLINOIS
ANTIOCH, CALIFORNIA
Negative Determination Regarding Eligibility
To Apply For Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974, as
amended (19 USC 2273), the Department of Labor herein presents the
results of an investigation regarding certification of eligibility
to apply for worker adjustment assistance.
The investigation was initiated on February 23, 2004, in
response to a petition filed on behalf of workers at Owens Brockway
(a/k/a Owens Illinois), Antioch, California. The workers performed
general warehousing activities only.
The investigation revealed that the petitioning workers of
this firm or subdivision do not produce an article within the
meaning of Section 222(c)(3) of the Act. The Department of Labor
has consistently determined that the performance of services does
not constitute production of an article, as required by Section 222
of the Trade Act of 1974, and this determination has been upheld in
the U.S. Court of Appeals.
Workers at the firm or subdivision may be certified only if
their separation was caused importantly by a reduced demand for
their services from a parent firm, a firm otherwise related to
their firm by ownership, or a firm related by control. A firm
includes an individual proprietorship, partnership, joint venture,
association, corporation (including a development corporation),
business trust, cooperative, trustee in bankruptcy, and receiver
under decree of any court. A firm, together with any predecessor or
successor-in-interest, or together with any affiliated firm
controlled or substantially beneficially owned by substantially the
same persons, may be considered a single firm.
Additionally, the reduction in demand for services must
originate at a production facility whose workers independently meet
the statutory criteria for certification, and the reduction must
directly relate to the product impacted by imports. These
conditions have not been met for workers at this firm.
Conclusion
After careful review, I determine that all workers of Owens
Brockway (a/k/a Owens Illinois), Antioch, California, are denied
eligibility to apply for adjustment assistance under Section 223 of
the Trade Act of 1974.
Signed at Washington, D.C., this 5th day of March, 2004.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance