Petitioner Type: Workers
Impact Date: 11/20/2003
Filed Date: 12/06/2004
Most Recent Update: 01/28/2005
Determination Date: 01/28/2005
Expiration Date: 01/28/2007
Employment and Training Administration
TA-W-56,146
SOUTHERN OHIO FABRICATORS INC.
BATAVIA, OHIO
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), as amended, the Department of Labor herein presents the
results of an investigation regarding certification of eligibility
to apply for worker adjustment assistance as a secondarily affected
worker group.
In order to make an affirmative determination and issue a
certification of eligibility for secondary workers to apply for
Trade Adjustment Assistance, the group eligibility requirements of
paragraph (b) of Section 222 of the Trade Act, as amended, must be
met. It is determined in this case that the requirements of (b) of
Section 222, as amended, have been met.
The investigation was initiated on December 6, 2004 in
response to a petition filed on behalf of workers Southern Ohio
Fabricators Inc., Batavia, Ohio. The workers of the subject firm
were engaged in production fabricated plate and structural steel.
The investigation revealed that production and employment at
the subject firm decreased from 2002 to 2003 and again during the
period of January through July 2004 when compared to the same
period in 2003.
The investigation revealed that the subject firm supplied
fabricated plates used in the production of machine tools, and a
loss of business with a manufacturer (whose workers were certified
eligible to apply for adjustment assistance) contributed
importantly to the workers separation or threat of separation.
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 workers of Southern Ohio
Fabricators Inc., Batavia, Ohio, qualify as adversely affected
secondary workers under Section 222 of the Trade Act of 1974, as
amended. In accordance with the provisions of the Act, I make the
following certification:
"All workers of Southern Ohio Fabricators Inc., Batavia, Ohio,
who became totally or partially separated from employment on
or after November 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 at Washington, D.C., this 28th day of January 2005.
/s/ Linda G. Poole
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LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance