Petitioner Type: Workers
Impact Date: 12/20/2003
Filed Date: 01/03/2005
Most Recent Update: 01/25/2005
Determination Date: 01/25/2005
Expiration Date: 01/25/2007
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-56,270
EXXONMOBIL CHEMICAL COMPANY
FILMS DIVISION
MACEDON SCALE UP FACILITY
A SUBSIDIARY OF EXXONMOBIL CORPORATION
MACEDON, NEW YORK
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), 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)(B) of
Section 222 have been met.
The investigation was initiated on January 3, 2005 in
response to a petition filed on behalf of workers of ExxonMobil
Chemical Company, Films Division, Macedon Scale Up Facility (MSUF),
a subsidiary of ExxonMobil Corporation, Macedon, New York. The
workers at the subject facility produce roll on shrink on film
(ROSO). The subject facility leased workers from Manpower, Inc.
The investigation revealed that the subject facility shut down
on June 17, 2004.
The investigation also revealed that the preponderance of
declines in employment at the subject division is related to a
shift in production of roll on shrink on film (ROSO) to Italy.
Company imports of roll on shrink on film have increased during the
relevant period.
In addition, in accordance with Section 246 of 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 with the workers' industry (i.e.,
conditions with the industry are adverse).
The Department has concluded that criterion 2 has not been
met.
The investigation revealed that workers of the subject firm
possess skills that are easily transferable.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive those produced at the subject facility
contributed importantly to the total or partial separation of
workers and to the decline in sales or production and at that firm
or subdivision. In accordance with the provisions of the Act, I
make the following certification:
"All workers of ExxonMobil Chemical Company, Films Division,
Macedon Scale Up Facility (MSUF), a subsidiary of ExxonMobil
Corporation, including leased workers of Manpower Inc,
Macedon, New York who became totally or partially separated
from employment on or after December 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."
I further determine that all workers of ExxonMobil Chemical
Company, Films Division, Macedon Scale Up Facility (MSUF), a
subsidiary of ExxonMobil Corporation, including leased workers of
Manpower, Inc, Macedon, New York are denied eligibility to apply
for alternative trade assistance under section 246 of the Trade Act
of 1974.
Signed in Washington, D. C. this 25th day of January 2005.
Richard Church
______________________________
RICHARD CHRUCH
Certifying Officer, Division of
Trade Adjustment Assistance