Petitioner Type: Union
Impact Date: 05/03/2003
Filed Date: 05/11/2004
Most Recent Update: 06/24/2004
Determination Date: 06/24/2004
Expiration Date: 06/24/2006
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-54,879
VESUVIUS USA CORPORATION
FOUNDRY DIVISION
BUFFALO, NEW YORK
Certification Regarding Eligibility to Apply for
Alternative Trade Adjustment Assistance
The Department adopted a new interpretation regarding the
Alternative Trade Adjustment Assistance (ATAA) program in order to
provide equitable access to ATAA for worker groups whose petitions
were still in process at the time of implementation of the ATAA
program on August 6, 2003. Under this new interpretation, worker
groups covered by the certification of a petition that was in
process on August 6, 2003 may request ATAA consideration for the
certified worker group. In addition, certified worker groups who
filed petitions after that date may also request ATAA if the
petition did not include an option to apply for ATAA. The request
must be made to the Department and may be made by anyone who was
entitled to file the original petition under section 221(a)(1) of
the Act.
By letter dated April 27, 2005, a company official, requested
ATAA consideration for workers at the subject firm located in
Buffalo, New York.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the group eligibility requirements
of Section 246(a)(3)(A) of the Trade Act must be met. The
Department has determined in this case that the requirements have
been met.
The investigation revealed that the subject worker group
possesses skills that are not easily transferable in the local
area, and that at least five percent of the workforce at the
subject firm is at least fifty years of age. Industry data show
that competitive conditions within the clay and alumina articles
industry are adverse.
Conclusion
After careful review of the facts obtained on investigation, I
conclude that the requirements of Section 246(a)(3)(A) of the Trade
Act of 1974, as amended, have been met for workers at the subject
firm.
In accordance with the provisions of the Act, I make the
following certification:
"All workers of Vesuvius USA Corporation, Foundry Division,
Buffalo, New York who became totally or partially separated
from employment on or after May 3, 2003 through June 24, 2006
are eligible to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974, as
amended.”
Signed in Washington, D.C., this 2nd day of June 2005
/s/ Linda G. Poole
_______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-54,879
VESUVIUS USA CORPORATION
FOUNDRY DIVISION
BUFFALO, NEW YORK
Certification 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.
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)(B) of
Section 222 have been met.
The investigation was initiated on May 11, 2004, in response
to a petition filed by a state workforce representative on behalf
of workers of Vesuvius USA Corporation, Foundry Division, Buffalo,
New York. The workers produce crucibles.
The investigation revealed that employment at the subject firm
declined during January through April 2004 when compared to the
corresponding time period in 2003.
The preponderance in the declines in employment at the subject
firm is related to a shift in plant production of crucibles to the
United Kingdom. The subject firm will increase their imports of
crucibles at the period of time the shift abroad is completed.
Conclusion
After careful review of the facts obtained in the
investigation, I conclude that there was a shift in production from
the workers' firm or subdivision to the United Kingdom of articles
that are like or directly competitive with those produced by the
subject firm or subdivision. In accordance with the provisions of
the Act, I make the following certification:
"All workers of Vesuvius USA Corporation, Foundry Division,
Buffalo, New York who became totally or partially separated
from employment on or after May 3, 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 24th day of June 2004.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
May want to list the specific citation to the group eligibility requirements.
May want to list the specific citation to the group eligibility requirements.
Employment and Training Administration
TA-W-54,879
VESUVIUS USA CORPORATION
FOUNDRY DIVISION
BUFFALO, NEW YORK
Certification Regarding Eligibility to Apply for
Alternative Trade Adjustment Assistance
The Department adopted a new interpretation regarding the
Alternative Trade Adjustment Assistance (ATAA) program in order to
provide equitable access to ATAA for worker groups whose petitions
were still in process at the time of implementation of the ATAA
program on August 6, 2003. Under this new interpretation, worker
groups covered by the certification of a petition that was in
process on August 6, 2003 may request ATAA consideration for the
certified worker group. In addition, certified worker groups who
filed petitions after that date may also request ATAA if the
petition did not include an option to apply for ATAA. The request
must be made to the Department and may be made by anyone who was
entitled to file the original petition under section 221(a)(1) of
the Act.
By letter dated April 27, 2005, a company official, requested
ATAA consideration for workers at the subject firm located in
Buffalo, New York.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the group eligibility requirements
of Section 246(a)(3)(A) of the Trade Act must be met. The
Department has determined in this case that the requirements have
been met.
The investigation revealed that the subject worker group
possesses skills that are not easily transferable in the local
area, and that at least five percent of the workforce at the
subject firm is at least fifty years of age. Industry data show
that competitive conditions within the clay and alumina articles
industry are adverse.
Conclusion
After careful review of the facts obtained on investigation, I
conclude that the requirements of Section 246(a)(3)(A) of the Trade
Act of 1974, as amended, have been met for workers at the subject
firm.
In accordance with the provisions of the Act, I make the
following certification:
"All workers of Vesuvius USA Corporation, Foundry Division,
Buffalo, New York who became totally or partially separated
from employment on or after May 3, 2003 through June 24, 2006
are eligible to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974, as
amended.”
Signed in Washington, D.C., this 2nd day of June 2005
/s/ Linda G. Poole
_______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-54,879
VESUVIUS USA CORPORATION
FOUNDRY DIVISION
BUFFALO, NEW YORK
Certification 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.
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)(B) of
Section 222 have been met.
The investigation was initiated on May 11, 2004, in response
to a petition filed by a state workforce representative on behalf
of workers of Vesuvius USA Corporation, Foundry Division, Buffalo,
New York. The workers produce crucibles.
The investigation revealed that employment at the subject firm
declined during January through April 2004 when compared to the
corresponding time period in 2003.
The preponderance in the declines in employment at the subject
firm is related to a shift in plant production of crucibles to the
United Kingdom. The subject firm will increase their imports of
crucibles at the period of time the shift abroad is completed.
Conclusion
After careful review of the facts obtained in the
investigation, I conclude that there was a shift in production from
the workers' firm or subdivision to the United Kingdom of articles
that are like or directly competitive with those produced by the
subject firm or subdivision. In accordance with the provisions of
the Act, I make the following certification:
"All workers of Vesuvius USA Corporation, Foundry Division,
Buffalo, New York who became totally or partially separated
from employment on or after May 3, 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 24th day of June 2004.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
May want to list the specific citation to the group eligibility requirements.
May want to list the specific citation to the group eligibility requirements.