Petitioner Type: Union
Impact Date:
Filed Date: 03/30/2004
Most Recent Update: 05/03/2004
Determination Date: 05/03/2004
Expiration Date:
Employment and Training Administration
TA-W-54,621
WESTERN, A DIVISION OF W.P. INDUSTRIES
NORWALK, CALIFORNIA
Negative Determination Regarding Eligibility
To Apply For Worker Adjustment Assistance
And Alternative Trade 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 March 2004, in response to
a petition filed on behalf of workers of Western, a division of W.
P. Industries, Norwalk, California. The workers distributed
plumbing products.
The investigation revealed that Western, a division of W. P.
Industries, does not produce an article within the meaning of
Section 222(a)(2) of the Act. In order to be considered eligible
to apply for adjustment assistance under Section 223 of the Trade
Act of 1974, the worker group seeking certification (or on whose
behalf certification is being sought) must work for a "firm" or
appropriate subdivision that produces an article and there must
be a relationship between the workers' work and the article
produced by the workers' firm or appropriate subdivision. The
petitioning worker group seeking certification does not support a
firm or appropriate subdivision that produces an article and thus
the worker group can not be considered import impacted or
affected by a shift in production of an article.
In addition, 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 assis-
tance (ATAA) for older workers.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the worker group must be certified
eligible to apply for trade adjustment assistance (TAA). Since
the workers are denied eligibility to apply for TAA, the workers
cannot be certified eligible for ATAA.
Conclusion
After careful review, I determine that all workers of
Western, a division of W. P. Industries, Norwalk, California are
denied eligibility to apply for adjustment assistance under
Section 223 of the Trade Act of 1974, and are also denied
eligibility to apply for alternative trade adjustment assistance
under Section 246 of the Trade Act of 1974.
Signed in Washington, D. C. this 3rd day of May 2004
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance