Petitioner Type: State
Impact Date: 06/02/2003
Filed Date: 06/03/2004
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-55,016
BC TECHNOLOGIES, INC
STOCKBRIDGE, GEORGIA
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), as amended, the Department of Labor herein presents the
results of an investigation regarding certification of eligibility
to apply for worker adjustment assistance as a secondarily affected
worker group.
In order to make an affirmative determination and issue a
certification of eligibility for secondary workers to apply for
Trade Adjustment Assistance, the group eligibility requirements of
paragraph (b) of Section 222 of the Trade Act, as amended, must be
met. It is determined in this case that the requirements of (b) of
Section 222, as amended, have been met.
The investigation was initiated on June 3, 2004, in response
to a petition filed by a state representative on behalf of workers
of BC Technologies, Stockbridge, Georgia. The workers produce
Fiber Optic Cable Nodes.
The investigation revealed that BC Technologies, Inc.,
Stockbridge, Georgia acts as a downstream producer by creating
fiber optic nodes and attaching them to existent fiber optic cable
for manufacturers of fiber optic cable systems.
Evidence revealed that Pirelli, Power and Cable Systems, LLC,
Colusa, California, to whom the petitioning workers' firm or
subdivision acts as a downstream producer, employed a group of
workers who received a certification of eligibility for trade
adjustment assistance based on an increase in imports from, or a
shift in production to, Canada or Mexico, and the downstream
production is related to the article that was the basis for such
certification. Pirelli, Power Cable Systems, LLC, Colusa,
California shifted production to Canada while reducing purchases of
fiber optic cable nodes from the petitioning workers' firm or
subdivision. The subject firm's employment declined, in part,
because of the shift in production. Workers of Pirelli, Power Cable
Systems, LLC, Colusa, California were certified as eligible to
apply for Trade Adjustment Assistance on March 24, 2003 (TA-W-
50,882).
In addition, 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 workers of BC Technologies,
Stockbridge, Georgia qualify as adversely affected secondary
workers under Section 222(b) of the Trade Act of 1974, as amended.
In accordance with the provisions of the Act, I make the following
certification:
"All workers of BC Technologies, Stockbridge, Georgia who
became totally or partially separated from employment on or
after June 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, 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 24th day of June 2004.
/s/ Linda G. Poole
_______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance