Petitioner Type: Union
Impact Date: 08/09/2003
Filed Date: 08/16/2004
Most Recent Update: 09/23/2004
Determination Date: 09/23/2004
Expiration Date: 09/23/2006
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-55,448
SHEAFFER MANUFACTURING COMPANY, LLC
FORT MADISON, IOWA
Revised Determination on Reopening
Alternative Trade Adjustment Assistance
On June 21, 2005, the Department on its own motion reopened,
the investigation regarding Alternative Trade Adjustment
Assistance (ATAA) applicable to workers of the subject firm. The
negative determination was signed on September 23, 2004, and was
published in the Federal Register on October 26, 2004 (69 FR
62461).
The workers of Sheaffer Manufacturing Company, LLC, Fort
Madison, Iowa were certified eligible to apply for Trade
Adjustment Assistance (TAA) on September 23, 2004.
The initial ATAA investigation determined that the skills of
the subject worker group are easily transferable to other
positions in the local area.
New information provided by the company contains new facts
of a substantive nature bearing on the determination.
Upon further contact with a company official, it was
confirmed that the information provided by the company was
incorrectly reported during the initial investigation. During
the initial investigation it was reported that the skills of the
workers at the subject firm are easily transferable. It has been
determined by new information provided by the company that the
skills of the workers at the subject firm are not easily
transferable in the local commuting area.
Upon further investigation it has been determined that a
significant number or proportion of the worker group are age
fifty years or over. Competitive conditions within the industry
are adverse.
Conclusion
After careful review of the additional facts obtained on
reconsideration, I conclude that the requirements of Section 246
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 Sheaffer Manufacturing Company, LLC, Fort
Madison, Iowa, who became totally or partially separated
from employment on or after August 9, 2003 through September
23, 2006, 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 in Washington, D.C. this 22nd day of June 2005.
/s/ Elliott S. Kushner
_______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-55,448
SHEAFFER MANUFACTURING COMPANY, LLC
FORT MADISON, IOWA
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 (19
USC 2273), as amended, 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 August 16, 2004, in
response to a petition filed by United Auto Workers, Local 1551 on
behalf of workers of Sheaffer Manufacturing Company, LLC, Fort
Madison, Iowa. The workers produced fine writing instruments; they
are not separately identifiable by product line.
The investigation revealed that production and employment
declined at the subject firm from 2002 to 2003 and also declined
from January through August 2004 over the corresponding 2003
period.
The investigation also revealed that company imports of fine
writing instruments increased during the relevant period under
investigation.
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 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.
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
possess skills that are easily transferable.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with fine writing instruments produced
at Sheaffer Manufacturing Company, LLC, Fort Madison, Iowa
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 Sheaffer Manufacturing Company, LLC, Fort
Madison, Iowa who became totally or partially separated from
employment on or after August 9, 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.”
“I further determine that all workers of Sheaffer
Manufacturing Company, LLC, Fort Madison, Iowa 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 23rd day of September 2004.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-55,448
SHEAFFER MANUFACTURING COMPANY, LLC
FORT MADISON, IOWA
Revised Determination on Reopening
Alternative Trade Adjustment Assistance
On June 21, 2005, the Department on its own motion reopened,
the investigation regarding Alternative Trade Adjustment
Assistance (ATAA) applicable to workers of the subject firm. The
negative determination was signed on September 23, 2004, and was
published in the Federal Register on October 26, 2004 (69 FR
62461).
The workers of Sheaffer Manufacturing Company, LLC, Fort
Madison, Iowa were certified eligible to apply for Trade
Adjustment Assistance (TAA) on September 23, 2004.
The initial ATAA investigation determined that the skills of
the subject worker group are easily transferable to other
positions in the local area.
New information provided by the company contains new facts
of a substantive nature bearing on the determination.
Upon further contact with a company official, it was
confirmed that the information provided by the company was
incorrectly reported during the initial investigation. During
the initial investigation it was reported that the skills of the
workers at the subject firm are easily transferable. It has been
determined by new information provided by the company that the
skills of the workers at the subject firm are not easily
transferable in the local commuting area.
Upon further investigation it has been determined that a
significant number or proportion of the worker group are age
fifty years or over. Competitive conditions within the industry
are adverse.
Conclusion
After careful review of the additional facts obtained on
reconsideration, I conclude that the requirements of Section 246
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 Sheaffer Manufacturing Company, LLC, Fort
Madison, Iowa, who became totally or partially separated
from employment on or after August 9, 2003 through September
23, 2006, 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 in Washington, D.C. this 22nd day of June 2005.
/s/ Elliott S. Kushner
_______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-55,448
SHEAFFER MANUFACTURING COMPANY, LLC
FORT MADISON, IOWA
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 (19
USC 2273), as amended, 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 August 16, 2004, in
response to a petition filed by United Auto Workers, Local 1551 on
behalf of workers of Sheaffer Manufacturing Company, LLC, Fort
Madison, Iowa. The workers produced fine writing instruments; they
are not separately identifiable by product line.
The investigation revealed that production and employment
declined at the subject firm from 2002 to 2003 and also declined
from January through August 2004 over the corresponding 2003
period.
The investigation also revealed that company imports of fine
writing instruments increased during the relevant period under
investigation.
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 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.
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
possess skills that are easily transferable.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with fine writing instruments produced
at Sheaffer Manufacturing Company, LLC, Fort Madison, Iowa
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 Sheaffer Manufacturing Company, LLC, Fort
Madison, Iowa who became totally or partially separated from
employment on or after August 9, 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.”
“I further determine that all workers of Sheaffer
Manufacturing Company, LLC, Fort Madison, Iowa 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 23rd day of September 2004.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance