Petitioner Type: Workers
Impact Date: 02/19/2003
Filed Date: 03/19/2004
Most Recent Update: 05/05/2004
Determination Date: 05/05/2004
Expiration Date: 05/05/2006
Employment and Training Administration
TA-W-54,552
ISM FASTENING SYSTEMS
FORMERLY INTERNATIONAL STAPLE & MACHINEE CO.
A SUBSIDIARY OF ISM INVESTMENTS, INC.
BUTLER, PENNSYLVANIA
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 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 18, 2004, in response
to a petition filed on behalf of workers of ISM Fastening Systems,
formerly International Staple & Machine Co., a subsidiary of ISM
Investments, Inc., Butler, Pennsylvania. Workers at the subject
firm are separately identifiable as those engaged in production of
collated staples and collated nails. This petition was filed in
regards to workers engaged in the production of collated nails.
The investigation revealed that the subject firm shut down its
collated nail line on May 1, 2003.
The Department of Labor surveyed the subject firm's major
declining customers regarding their purchases of collated nails.
This survey revealed significant and increasing imports from 2002
to 2003.
In accordance with Section 246 the Trade Act of 1974 (26 USC
2813), as amended, the Department of Labor herein presents the
results of its investigation regarding certification of eligibility
to apply for alternative trade adjustment assistance (ATAA) for
older workers.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the group eligibility requirements
of Section 246 of the Trade Act must be met. The Department has
determined in this case that the requirements of Section 246 have
been met.
A significant number of workers at the firm are age 50 or over
and possess skills that are not easily transferable. Competitive
conditions within the industry are adverse.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with those produced at the subject
firm contributed importantly to the total or partial separation of
workers and to the decline in sales or production and at that firm
or subdivision. In accordance with the provisions of the Act, I
make the following certification:
"All workers of ISM Fastening Systems, formerly International
Staple & Machine Co., a subsidiary of ISM Investments, Inc.,
Butler, Pennsylvania engaged in employment related to the
production of collated nails who became totally or partially
separated from employment on or after February 19, 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, and are also eligible to apply for
alternative trade adjustment assistance under Section 246 of
the Trade Act of 1974."
Signed in Washington, D.C., this 5th day of May 2004
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance