Petitioner Type: Company
Impact Date: 06/28/2003
Filed Date: 07/19/2004
Most Recent Update: 08/02/2004
Determination Date: 08/02/2004
Expiration Date: 08/02/2006
Employment and Training Administration
TA-W-55,272
RBX INDUSTRIES, INC.
CORPORATE HEADQUARTERS
ROANOKE, VIRGINIA
Certification Regarding Eligibility
To Apply For Worker Adjustment Assistance and
Negative Determination Regarding Eligibility To Apply For
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 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 July 19, 2004 in response
to a petition filed by a company official on behalf of workers of
RBX Industries, Inc., Corporate Headquarters, Roanoke, Virginia.
Workers at the subject firm are engaged in administrative
activities (i.e. accounting, customer service, sales and marketing,
information services, HR and benefit administration, technical
support, outsourcing administration, and other administrative
support) in support of their closed cell foam rubber manufacturing
facilities.
The investigation revealed that employment at the subject firm
declined from June 2003 to June 2004.
The investigation further revealed an increase in company
imports of closed cell foam rubber during the relevant period.
The investigation revealed that the preponderance in the
declines in employment of administrative personnel at the subject
firm is related to increased company imports of closed cell foam
rubber.
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.
The group eligibility criteria for the ATAA program
that the Department must consider under Section 246 of the
Trade Act are:
1. Whether a significant number of workers in the
workers' firm are 50 years of age or older.
2. Whether the workers in the workers' firm possess skills
that are not easily transferable.
3. The competitive conditions within the workers' industry
(i.e., conditions within the industry are adverse).
The Department has determined that criterion 2 has not been
met.
The investigation revealed workers in the workers' firm do
possess skills that are easily transferable within the local area.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with closed cell foam rubber produced
by RBX Industries, Inc., contributed importantly to the total or
partial separation of workers and to the decline in sales or
production at that firm or subdivision. In accordance with the
provisions of the Act, I make the following certification:
"All workers of RBX Industries, Inc., Corporate Headquarters,
Roanoke, Virginia who became totally or partially separated from
employment on or after June 28, 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
I further determine that all workers of RBX Industries, Inc.,
Corporate Headquarters, Roanoke, Virginia, are denied eligibility
to apply for alternative trade adjustment assistance under Section
246 of the Trade Act of 1974.
Signed in Washington, D.C., this 2nd day of August 2004.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance