Petitioner Type: Union
Impact Date:
Filed Date: 07/22/2004
Most Recent Update: 09/28/2004
Determination Date: 09/28/2004
Expiration Date:
Employment and Training Administration
TA-W-55,290
BUTLER MANUFACTURING COMPANY
SUBSIDIARY OF BLUESCOPE STEEL, LTD
BUILDINGS DIVISION
FABRICATED FRAMES PRODUCTION
INCLUDING SUPPORT PERSONNEL
GALESBURG, ILLINOIS
Amended 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) the Department of Labor issued a Certification
Regarding Eligibility to Apply for Worker Adjustment Assistance
and Alternative Trade Adjustment Assistance on September 28,
2004, applicable to workers of Butler Manufacturing Company,
subsidiary of BlueScope Steel, Ltd, Buildings Division,
Fabricated Frames Production, Galesburg, Illinois. The notice
was published in the Federal Register on October 4, 2004
(69 FR 62463).
At the request of a company official, the Department
reviewed the certification for workers of the subject firm. The
workers are engaged in the production of pre-engineered metal
buildings.
New information shows that worker separations have occurred
involving the support personnel of the Fabricated Frames
Production, Butler Manufacturing Company, Galesburg, Illinois.
These workers provided support services for the production of
pre-engineered metal buildings systems produced by the subject
firm.
Accordingly, the Department is amending this certification
to extend coverage to the support personnel of the Fabricated
Frames Production, Butler Manufacturing Company, Galesburg,
Illinois.
The intent of the Department’s certification is to include
all workers of Butler Manufacturing Company, Fabricated Frames
Production, including support personnel, Galesburg, Illinois who
were adversely affected by a shift in production to Mexico.
The amended notice applicable to TA-W-55,290 is hereby issued as
follows:
"All workers of Butler Manufacturing Company, subsidiary of
BlueScope Steel, Ltd., Buildings Division, Fabricated Frames
Production, including support personnel, Galesburg, Illinois
working at Butler Manufacturing Company, subsidiary of
BlueScope Steel, Ltd., Buildings Division, Fabricated Frames
Production, Galesburg, Illinois (TA-W-55,290), who became
totally or partially separated from employment on or after
July 16, 2003, through September 28, 2006, are eligible to
apply for adjustment assistance under Section 223 of the
Trade Act of 1974, 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 12th day of November 2004.
/s/ Elliott S. Kushner
________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-55,290
BUTLER MANUFACTURING COMPANY
SUBSIDIARY OF BLUESCOPE STEEL, LTD
BUILDINGS DIVISION
FABRICATED FRAMES PRODUCTION
GALESBURG, ILLINOIS
TA-W-55,290A
BUTLER MANUFACTURING COMPANY
SUBSIDIARY OF BLUESCOPE STEEL, LTD
BUILDINGS DIVISION
PANELS PRODUCTION
GALESBURG, ILLINOIS
TA-W-55,290B
BUTLER MANUFACTURING COMPANY
SUBSIDIARY OF BLUESCOPE STEEL, LTD
BUILDINGS DIVISION
TRIM AND COMPONENTS PRODUCTION
GALESBURG, ILLINOIS
TA-W-55,290C
BUTLER MANUFACTURING COMPANY
SUBSIDIARY OF BLUESCOPE STEEL, LTD
BUILDINGS DIVISION
SECONDARIES PRODUCTION
GALESBURG, ILLINOIS
TA-W-55,290D
BUTLER MANUFACTURING COMPANY
SUBSIDIARY OF BLUESCOPE STEEL, LTD
BUILDINGS DIVISION
DELTA JOIST PRODUCTION
GALESBURG, ILLINOIS
TA-W-55,290E
BUTLER MANUFACTURING COMPANY
SUBSIDIARY OF BLUESCOPE STEEL, LTD
BUILDINGS DIVISION
TRUSS PURLINS PRODUCTION
GALESBURG, ILLINOIS
Determinations 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.
The investigation was initiated on July 22, 2004 in response to
a petition filed by United Steelworkers of America on behalf of
workers of Butler Manufacturing Company, subsidiary of Blue Scope
Steel, Ltd., Buildings Division, Fabricated Frames Production,
Galesburg, Illinois (TA-W-55,290), Buildings Division, Panels
Production, Galesburg, Illinois (TA-W-55,290A), Buildings Division,
Trim and Components Production, Galesburg, Illinois (TA-W-55,290B),
Buildings Division, Secondaries Production, Galesburg, Illinois
(TA-W-55,290C), and Buildings Division, Delta Joist Production,
Galesburg, Illinois (TA-W-55,290D), Buildings Division, Truss
Purlins Production, Galesburg, Illinois (TA-W-55,290E).
Workers of Butler Manufacturing Company, subsidiary of Blue
Scope Steel, Ltd., Galesburg, Illinois are engaged in the
production of pre-engineered metal buildings systems. Workers of
the Buildings Division, Fabricated Frames Production (TA-W-55,290)
produced fabricated frames. Workers of the Buildings Division,
Panels Production (TA-W-55,290A) produce panels. Workers of the
Buildings Division, Trim and Components Production (TA-W-55,290B)
produce trim and components. Workers of the Buildings Division,
Secondaries Production (TA-W-55,290C) produce secondaries. Workers
of the Buildings Division, Delta Joist Production (TA-W-55,290D)
produce delta joists. Workers of the Buildings Division, Truss
Purlins Production (TA-W-55,290E) produced truss purlins. These
products are all components in pre-engineered buildings systems
that are sold to and erected by Butler Manufacturing Company’s
customers.
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 the case of TA-W-55,290 that the requirements
of (a)(2)(B) of Section 222 have been met.
Buildings Division, Fabricated Frames Production (TA-W-55,290):
The investigation revealed that production and employment at
the subject facility declined from 2002 to 2003 and again during
the period from January through June 2004 compared to the same
period in 2003.
The preponderance in the declines in employment at the subject
facility is related to a shift in production of fabricated frames
to a country (Mexico) that is a party to a free trade agreement
with the United States.
In addition, in accordance with Section 246 of 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.
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.
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 group eligibility
requirements for directly-impacted (primary) workers under Section
222(a) the Trade Act of 1974, as amended, can be satisfied in
either of two ways:
I. Section (a)(2)(A) all of the following must be satisfied:
A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm,
have become totally or partially separated, or are
threatened to become totally or partially separated;
B. the sales or production, or both, of such firm or
subdivision have decreased absolutely; and
C. increased imports of articles like or directly competitive
with articles produced by such firm or subdivision have
contributed importantly to such workers’ separation or
threat of separation and to the decline in sales or
production of such firm or subdivision; or
II. Section (a)(2)(B) both of the following must be satisfied:
A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm
firm, have become totally or partially separated, or are
threatened to become totally or partially separated;
B. there has been a shift in production by such workers’ firm
or subdivision to a foreign country of articles like or
directly competitive with articles which are produced by
such firm or subdivision; and
C. One of the following must be satisfied:
1. the country to which the workers’ firm has shifted
production of the articles is a party to a free trade
agreement with the United States;
2. the country to which the workers’ firm has shifted
production of the articles is a beneficiary country
under the Andean Trade Preference Act, African Growth
and Opportunity Act, or the Caribbean Basin Economic
Recovery Act; or
3. there has been or is likely to be an increase in
imports of articles that are like or directly
competitive with articles which are or were produced
by such firm or subdivision.
It is determined in the case of the Buildings Division, Panels
Production (TA-W-55,290A), the Buildings Division, Trim and
Components Division (TA-W-55,290B), the Buildings Division,
Secondaries Production (TA-W-55,290C), and the Buildings Division,
Delta Joist Production (TA-W-55,290D) that criteria (a)(2)(A)(I.C)
and (a)(2)(B)(II.B) were not met.
Buildings Division, Panels Production (TA-W-55,290A):
The investigation revealed that the subject facility did not
import panels during 2002, 2003 or the period of January through
July 2004 compared to the same period in 2003, nor did it shift
production abroad during the relevant period.
The Department of Labor surveyed the subject facility’s major
declining customers regarding their purchases of panels. The survey
revealed no imports during the period under investigation.
Buildings Division, Trim and Components Production (TA-W-55,290B):
The investigation revealed that the subject facility did not
import trim and components during 2002, 2003 or the period of
January through July 2004 compared to the same period in 2003, nor
did it shift production abroad during the relevant period.
The Department of Labor surveyed the subject facility’s major
declining customers regarding their purchases of trim and
components. The survey revealed no imports during the period under
investigation.
Buildings Division, Secondaries Production (TA-W-55,290C):
The investigation revealed that the subject facility did not
import secondaries during 2002, 2003 or the period of January
through July 2004 compared to the same period in 2003, nor did it
shift production abroad during the relevant period.
The Department of Labor surveyed the subject facility’s major
declining customers regarding their purchases of secondaries. The
survey revealed no imports during the period under investigation.
Buildings Division, Delta Joist Production (TA-W-55,290D):
The investigation revealed that the subject facility did not
import delta joists during 2002, 2003 or the period of January
through July 2004 compared to the same period in 2003, nor did it
shift production abroad during the relevant period.
The Department of Labor surveyed the subject facility’s major
declining customers regarding their purchases of delta joists. The
survey revealed no imports during the period under investigation.
Buildings Division, Truss Purlin Production (TA-W-55,290E):
All workers were separated from the subject facility more than
one year before the date of the petition. Section 223 (b) of the
Act specifies that no certification may apply to any worker whose
last separation occurred more than one year before the date of the
petition. Consequently, further investigation into TA-W-55,290E
would serve no purpose, and the investigation has been terminated.
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 assistance
(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 of the Buildings Division, Panels Production (TA-W-
55,290A), the Buildings Division, Trim and Components Division (TA-
W-55,290B), the Buildings Division, Secondaries Production (TA-W-
55,290C), the Buildings Division, Delta Joist Production (TA-W-
55,290D) the Buildings Division, Truss Purlin Production (TA-W-
55,290E) are denied eligibility to apply for TAA, the workers
cannot be certified eligible for ATAA.
Conclusion
After careful review of the facts obtained in the
investigation, I conclude that there was a shift in production from
the Butler Manufacturing Company, subsidiary of Blue Scope Steel,
Ltd., the Buildings Division, Fabricated Frames Production,
Galesburg, Illinois (TA-W-55,290) to Mexico of articles that are
like or directly competitive with those produced by the subject
facility or subdivision. In accordance with the provisions of the
Act, I make the following certification:
“All workers of Butler Manufacturing Company, subsidiary of
Blue Scope Steel, Ltd., Buildings Division, Fabricated Frames
Production (TA-W-55,290) who became totally or partially
separated from employment on or after July 16, 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."
Furthermore, I determine that all workers of the Butler
Manufacturing Company, subsidiary of Blue Scope Steel, Ltd.,
Buildings Division, Panels Production (TA-W-55,290A), Buildings
Division, Trim and Components Production (TA-W-55,290B), Buildings
Division, Secondaries Production (TA-W-55,290C), Buildings
Division, Delta Joist Production (TA-W-55,290D) and Buildings
Division, Truss Purlins Production, Galesburg, Illinois (TA-W-
55,290E) 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 at Washington, D.C., this 28th day of September 2004.
/s/ Elliott S. Kushner
__
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance