Petitioner Type: Company
Impact Date:
Filed Date: 11/09/2004
Most Recent Update: 12/14/2004
Determination Date: 12/14/2004
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-55,960
HUNTER TECHNOLOGIES, INC.
MONTROSS, VIRGINIA
Negative Determination 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 as an
adversely affected secondary group.
An investigation was conducted in order to determine whether
the petitioning group of workers qualify as adversely affected
secondary workers acting as downstream producers for a firm or
subdivision primarily affected by increased imports from Canada
or Mexico or a shift of production to Canada or Mexico.
In order to make an affirmative determination and issue a
certification of eligibility to apply for adjustment assistance,
the following group eligibility requirements under Section 222(b)
must be met:
(1) a significant number or proportion of the workers in
the workers' firm or an appropriate subdivision of the
firm have become totally or partially separated, or are
threatened to become totally or partially separated;
(2) the workers' firm (or subdivision) is a supplier or
downstream producer to a firm (or subdivision) that
employed a group of workers who received a
certification of eligibility to apply for trade
adjustment assistance benefits and such supply or
production is related to the article that was the basis
for such certification; and
(3) either-
(A) the workers' firm is a supplier and the component
parts it supplied for the firm (or subdivision)
described in paragraph (2) accounted for at least 20
percent of the production or sales of the workers'
firm; or
(B) a loss of business by the workers' firm with the
firm (or subdivision) described in paragraph (2)
contributed importantly to the workers' separation or
threat of separation.
The investigation was initiated on November 9, 2004, in
response to a worker petition filed by a company official behalf
of workers of Hunters Technologies, Inc., Montross, Virginia.
The workers at the subject firm produced cable and harness
assemblies.
The investigation revealed that criterion (2) has not been
met.
Petitioners allege that job losses at the subject company
were due to the company losing business as a downstream producer
to a firm (or subdivision) whose workers received certification
of eligibility to apply for trade adjustment assistance benefits.
The investigation revealed, however, that was not the case.
The investigation revealed that the customers for whom the
company provided cable and harness assemblies are currently not
under TAA certification or investigation.
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 assis-
tance (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 are denied eligibility to apply for TAA, the workers
cannot be certified eligible for ATAA.
Conclusion
After careful review, I determine that all workers of
Hunters Technologies, Inc., Montross, Virginia, covered by this
petition do not qualify as adversely affected secondary workers
and are denied eligibility to apply for adjustment assistance
under section 223(b) 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 in Washington, D. C. this 14th day of December 2004.
/s/ Elliott S. Kushner
_______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance