Petitioner Type: Union
Impact Date:
Filed Date: 07/14/2004
Most Recent Update: 08/06/2004
Determination Date: 08/06/2004
Expiration Date:
Employment and Training Administration
TA-W-55,244
FOUR CORPORATION
BOILER SHOP
GREEN BAY, WISCONSIN
Negative Determination 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 an investigation regarding certification of eligibility
to apply for worker adjustment assistance as an adversely affected
secondary group.
An investigation was conducted in order to determine whether
the petitioning group of workers qualify as adversely affected
secondary workers as suppliers of component parts to a firm or
subdivision primarily affected by increased imports or a shift of
production abroad.
In order to make an affirmative determination and issue a
certification of eligibility to apply for adjustment assistance,
the following group eligibility requirements under Section 222(b)
must be met:
(1) a significant number or proportion of the workers in the
workers' firm or an appropriate subdivision of the firm
have become totally or partially separated, or are
threatened to become totally or partially separated;
(2) the workers' firm (or subdivision) is a supplier or
downstream producer to a firm (or subdivision) that
employed a group of workers who received a certification
of eligibility to apply for trade adjustment assistance
benefits and such supply or production is related to the
article that was the basis for such certification; and
(3) either-
(A) the workers' firm is a supplier and the component
parts it supplied for the firm (or subdivision)
described in paragraph (2) accounted for at least 20
percent of the production or sales of the workers' firm;
or
(B) a loss of business by the workers' firm with the
firm (or subdivision) described in paragraph (2)
contributed importantly to the workers' separation or
threat of separation.
The investigation was initiated on July 14, 2004, in response
to a petition filed by the International Brotherhood of
Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and
Helpers, AFL-CIO on behalf of workers of Four Corporation, Boiler
Shop, Green Bay, Wisconsin. The workers produce pressure vessels.
The investigation revealed that criterion (2) has not been
met.
The petitioner alleges that job losses were due to the firm
losing business as a supplier to a firm that shifted production
abroad or was affected by increased imports. The investigation
revealed, however, that this was not the case.
The workers of the firm (identified by the petitioner) to
which Four Corporation supplied pressure vessels are not certified
eligible to apply for adjustment assistance. Furthermore, the
Department has determined that workers at the firms identified by
Four Corporation as having reduced purchases from 2002 through
June 2004, have not been certified eligible to apply for trade
adjustment assistance.
Conclusion
After careful review, I determine workers of Four
Corporation, Boiler Shop, Green Bay, Wisconsin, are denied
eligibility to apply for adjustment assistance under section
223(b) of the Trade Act of 1974, as amended.
Signed at Washington, D.C., this 6th day of August, 2004.
/s/ Linda G. Poole
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LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance