Petitioner Type: Workers
Impact Date: 09/20/2003
Filed Date: 10/04/2004
Most Recent Update: 10/22/2004
Determination Date: 10/22/2004
Expiration Date: 10/22/2006
Employment and Training Administration
TA-W-55,726
UNITED STATES CAN COMPANY
OLIVE PLANT
CUSTOM AND SPECIALTY DIVISION
INCLUDING LEASED WORKERS OF QPS STAFFING SERIVICES
ELGIN, ILLINOIS
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 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 October 4, 2004 in response
to a petition filed on behalf of workers of United States Can
Company, Olive Plant, Custom and Specialty Division, Elgin,
Illinois. The workers at the subject firm produce decorative metal
cans. The subject firm leased workers from QPS Staffing Services.
The investigation revealed that employment at the subject firm
decreased over the course of the past year and the Elgin plant is
scheduled to shut down on October 27, 2004.
The subject firm's sales decreased in 2003 compared to 2002
and during the period of January through September of 2004 compared
to the same period in 2003. Production increased in 2003, but
decreased during the period of January through September of 2004.
The Department of Labor surveyed the subject firm's customers
regarding their purchases of decorative metal cans in 2002, 2003,
and January through September, 2004. The survey revealed increases
in imports in the relevant periods.
United States aggregate imports of metal cans increased in
2003 compared to 2002 and also increased in January through
September, 2004 compared to the same period in 2003.
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 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 increases of imports of articles
like or directly competitive with decorative metal cans produced at
United States Can Company, Olive Plant, Custom and Specialty
Division, Elgin, Illinois contributed importantly to the total or
partial separation of workers and to the decline in sales or
production and at that firm or subdivision. In accordance with the
provisions of the Act, I make the following certification:
All workers of United States Can Company, Olive Plant, Custom
and Specialty Division, including leased workers of QPS
Staffing Services, Elgin, Illinois who became totally or
partially separated from employment on or after September 20,
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 in Washington, D. C. this 22nd day of October 2004.
/s/ Richard Church
______________________________
RICHARD CHRUCH
Certifying Officer, Division of
Trade Adjustment Assistance