Petitioner Type: Union
Impact Date:
Filed Date: 12/27/2004
Most Recent Update: 01/27/2005
Determination Date: 01/27/2005
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-56,251
HURD MILLWORK COMPANY, INC.
A SUBSIDIARY OF UIS, INC.
MEDFORD, WISCONSIN
TA-W-56,251A
HURD MILLWORK COMPANY, INC.
WATER STREET FACILITY
MERRILL, WISCONSIN
TA-W-56,251B
HURD MILLWORK COMPANY, INC.
THOMAS STREET FACILITY
MERRILL, WISCONSIN
TA-W-56,251C
HURD MILLWORK COMPANY, INC.
PROSPECT STREET FACILITY
MERRILL, WISCONSIN
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, 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. The group eligibility
requirements for directly-impacted (primary) workers under Section
222(a) the Trade Act of 1974, as amended, can be satisfied in
either of two ways:
I. Section (a)(2)(A) all of the following must be satisfied:
A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm,
have become totally or partially separated, or are
threatened to become totally or partially separated;
B. the sales or production, or both, of such firm or
subdivision have decreased absolutely; and
C. increased imports of articles like or directly competitive
with articles produced by such firm or subdivision have
contributed importantly to such workers' separation or
threat of separation and to the decline in sales or
production of such firm or subdivision; or
II. Section (a)(2)(B) both of the following must be satisfied:
A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm
firm, have become totally or partially separated, or are
threatened to become totally or partially separated;
B. there has been a shift in production by such workers' firm
or subdivision to a foreign country of articles like or
directly competitive with articles which are produced by
such firm or subdivision; and
C. One of the following must be satisfied:
1. the country to which the workers' firm has shifted
production of the articles is a party to a free trade
agreement with the United States;
2. the country to which the workers' firm has shifted
production of the articles is a beneficiary country
under the Andean Trade Preference Act, African Growth
and Opportunity Act, or the Caribbean Basin Economic
Recovery Act; or
3. there has been or is likely to be an increase in
imports of articles that are like or directly
competitive with articles which are or were produced
by such firm or subdivision.
The investigation was initiated on December 27, 2004 in
response to a petition filed by the United Brotherhood of
Carpenters and Joiners of America and by the Midwestern Council of
Industrial Workers on behalf of workers at Hurd Millwork Company,
Inc., a subsidiary of UIS, Inc., Medford, Wisconsin (TA-W-56,251),
Hurd Millwork Company, Inc., Water Street facility, Merrill,
Wisconsin (TA-W-56,251A), Hurd Millwork Company, Inc., Thomas
Street facility, Merrill, Wisconsin (TA-W-56,251B), and Hurd
Millwork Company, Inc., Prospect Street facility, Merrill,
Wisconsin (TA-W-56,251C). The workers at the four facilities are
part of an integrated production process manufacturing windows and
patio doors; they are separately identifiable by location but not
by specific product.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) were not met.
The investigation revealed that the subject firm did not
import windows and patio doors during 2002, 2003, or January
through November of 2004, nor did it shift production abroad during
the relevant period.
The Department of Labor conducted a survey of the subject
firm's major customers regarding their purchases of windows and
patio doors for 2002, 2003 and January through November of 2004.
Results of the survey indicated no imports in 2003. In January
through November, 2004 (when the value of company sales increased)
there were also no direct imports and a negligible increase in
indirect imports.
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.
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 Hurd
Millwork Company, Inc., a subsidiary of UIS, Inc., Medford,
Wisconsin (TA-W-56,251), Hurd Millwork Company, Inc., Water Street
facility, Merrill, Wisconsin (TA-W-56,251A), Hurd Millwork Company,
Inc., Thomas Street facility, Merrill, Wisconsin (TA-W-56,251B),
and Hurd Millwork Company, Inc., Prospect Street facility, Merrill,
Wisconsin (TA-W-56,251C) are denied eligibility to apply for
adjustment assistance under Section 223 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 28th day of January, 2005.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance