Petitioner Type: Workers
Impact Date: 10/13/2003
Filed Date: 10/18/2004
Most Recent Update: 11/18/2004
Determination Date: 11/18/2004
Expiration Date: 11/18/2006
Employment and Training Administration
TA-W-55,814
UNITED RECEPTACLE, INC.
POTTSVILLE, PENNSYLVANIA
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 an 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)(B) of
Section 222 have been met.
The investigation was initiated in response to a petition
received on October 18, 2004, and filed on behalf of workers at
United Receptacle, Inc., Pottsville, Pennsylvania. The workers
produced trash receptacles.
The investigation revealed that the declines in employment at
the subject firm are related to the subject firm shifting its
production of trash receptacles to China and subsequently importing
those products into the United States.
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 criteria 2 and 3 have not
been met.
The investigation revealed that the skills of the worker group
are easily transferable to other positions in the local area, and
that conditions within the workers' industry are not adverse.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that there was a shift in production
from the workers' firm or subdivision to China of articles that are
like or directly competitive with those produced by the subject
firm or subdivision, and there has been or is likely to be an
increase in imports of like or directly competitive articles. In
accordance with the provisions of the Act, I make the following
certification:
"All workers of United Receptacle, Inc., Pottsville,
Pennsylvania, who became totally or partially separated from
employment on or after October 13, 2003, through two years from the
date of certification are eligible to apply for adjustment assis-
tance under Section 223 of the Trade Act of 1974."
I further determine that all workers of United Receptacle,
Inc., Pottsville, Pennsylvania, 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 18th day of November 2004.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance