Petitioner Type: Union
Impact Date: 11/18/2003
Filed Date: 11/22/2004
Most Recent Update: 01/10/2005
Determination Date: 01/10/2005
Expiration Date: 01/10/2007
Employment and Training Administration
TA-W-56,059
LOUISIANA PACIFIC CORPORATION
OSB – WOODLAND
BAILEYVILLE, MAINE
Notice of Revised Determination on Reconsideration
of Alternative Trade Adjustment Assistance
By letter dated January 24, 2005, the state official
requested administrative reconsideration regarding Alternative
Trade Adjustment Assistance (ATAA). The negative determination
was signed on January 10, 2005 and will be soon published in the
Federal Register.
The workers of Louisiana Pacific Corporation, OSB-Woodland,
Baileyville, Maine were certified eligible to apply for Trade
Adjustment Assistance (TAA) on January 10, 2005.
The initial ATAA investigation determined that the skills of
the subject worker group are easily transferable to other
positions in the local area.
The state official provided documentation with the request
for reconsideration which contains evidence that the skills of
the workers at the subject firm are not easily transferable in
the local commuting area.
Additional investigation has determined that the workers
possess skills that are not easily transferable. 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 Louisiana Pacific Corporation, OSB-Woodland,
Baileyville, Maine, who became totally or partially
separated from employment on or after November 18, 2003
through January 10, 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 25th day of January 2005.
/s/ Elliott S. Kushner
_______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-56,059
LOUISIANA PACIFIC CORPORATION
OSB – WOODLAND
BAILEYVILLE, MAINE
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 November 22, 2004 in response
to a petition filed by the Paper, Allied-Industrial, Chemical and
Energy Workers International Union, Local 1-1367 on behalf of
workers at Louisiana Pacific Corporation, OSB - Woodland,
Baileyville, Maine. The workers produced oriented strand board.
The investigation revealed that production at the facility in
Baileyville has ceased. Separations are due to a shift in
production of oriented strand board to Canada, a country that is
party to free trade agreements with 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 criterion 2 has not been
met.
The investigation revealed that the skills of the worker
group are easily transferable to other positions in the local
commuting area.
Conclusion
After careful review of the facts obtained in the
investigation, I conclude that there was a shift in production of
oriented strand board produced at Louisiana Pacific Corporation,
OSB - Woodland, Baileyville, Maine to Canada. In accordance with
the provisions of the Act, I make the following certification:
"All workers of Louisiana Pacific Corporation, OSB - Woodland,
Baileyville, Maine, who became totally or partially separated
from employment on or after November 18, 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 Louisiana Pacific
Corporation, OSB - Woodland, Baileyville, Maine 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 10th day of January 2005
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance