Petitioner Type: State
Impact Date: 03/02/2003
Filed Date: 03/03/2004
Most Recent Update: 03/25/2004
Determination Date: 03/25/2004
Expiration Date: 03/25/2006
Employment and Training Administration
TA-W-54,415
MCS INDUSTRIES
SOMERSET, NEW JERSEY
Amended Certification Regarding Eligibility to
Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273) the Department of Labor issued a Certification of
Eligibility to Apply for Worker Adjustment Assistance on March
25, 2004, applicable to workers of MCS Industries, Somerset, New
Jersey. The notice will be published soon in the Federal
Register.
At the request of the State agency, the Department reviewed
the certification for workers of the subject firm. The workers
are engaged in the production of photo albums and photo boxes.
Information shows that the New Jersey Department of Labor
requested Alternative Trade Adjustment Assistance (ATAA) on
behalf of the workers of the subject firm but that request was
not addressed in the decision document.
Information obtained from the company states that a
significant number of workers of the subject firm are age 50 or
over, workers have skills that are not easily transferable, and
conditions in the industry are adverse. Review of this
information shows that all eligibility criteria under Section 246
of the Trade Act of 1974 (26 USC 2813), as amended have been met.
Accordingly, the Department is amending the certification to
reflect its finding.
The amended notice applicable to TA-W-54,415 is hereby
issued as follows:
"All workers of MCS Industries, Somerset, New Jersey,
who became totally or partially separated from
employment on or after March 2, 2003 through March 25,
2006, are eligible to apply for adjustment assistance
under Section 223 of the Trade Act of 1974 and are also
eligible to apply for Alternative Trade Adjustment
Assistance under Section 246 of the Trade Act of 1974."
Signed at Washington, D.C. this 29th day of April 2004.
/s/ Richard Church
_________________________
RICHARD CHURCH
Certifying Officer, Division
of Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-54,415
MCS INDUSTRIES
SOMERSET, NEW JERSEY
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), as amended, the Department of Labor herein presents the
results of its investigation regarding certification of eligibility
to apply for worker adjustment assistance.
In order to make an affirmative determination and issue a
certification of eligibility to apply for Trade Adjustment
Assistance, the group eligibility requirements in either paragraph
(a)(2)(A) or (a)(2)(B) of Section 222 of the Trade Act must be met.
It is determined in this case that the requirements of (a)(2)(A) of
Section 222 have been met.
The investigation was initiated on March 4, 2004, in response
to a petition filed by an employment & training specialist for the
New Jersey Department of Labor on behalf of workers of MCS
Industries, Somerset, New Jersey. The workers produce photo albums
and photo boxes.
The investigation revealed that the company has established a
reliance on foreign sources for both photo albums and photo boxes
while curtailing all production at Somerset, New Jersey.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with photo albums and photo boxes
produced at MCS Industries, Somerset, New Jersey contributed
importantly to the total or partial separation of workers and to
the decline in sales or production at that firm or subdivision. In
accordance with the provisions of the Act, I make the following
certification:
"All workers of MCS Industries, Somerset, New Jersey who
became totally or partially separated from employment on or
after March 2, 2003 through two years from the date of
certification are eligible to apply for adjustment assistance
under Section 223 of the Trade Act of 1974."
Signed in Washington, D. C. this 25th day of March, 2004.
/s/ Richard Church
______________________________
Richard Church
Certifying Officer, Division of
Trade Adjustment Assistance