Petitioner Type: Workers
Impact Date: 11/02/2003
Filed Date: 11/09/2004
Most Recent Update: 12/15/2004
Determination Date: 12/15/2004
Expiration Date: 12/15/2006
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-55,967
LOZIER CORPORATION
JOPLIN, MISSOURI
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 November 9, 2004 in
response to a petition filed on behalf of workers of Lozier
Corporation, Joplin, Missouri. The workers produce store fixtures
and shelving.
The investigation revealed that both sales and employment
declined at the subject plant.
A Department of Labor survey further revealed that major bids
submitted to potential customers were lost to foreign
manufactories, the subject firm was the lowest domestic bidder for
these bids, and the value of the bids lost was substantial in
relation to the company's sales.
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 that workers' skills are easily
transferable in the local area.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with store fixtures and shelving
produced at Lozier Corporation, Joplin, Missouri 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 Lozier Corporation, Joplin, Missouri who
became totally or partially separated from employment on or
after November 2, 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 Lozier Corporation,
Joplin, Missouri 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 15th day of December, 2004
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance