Petitioner Type: Company
Impact Date: 02/07/2004
Filed Date: 02/08/2005
Most Recent Update: 03/02/2005
Determination Date: 03/02/2005
Expiration Date: 03/02/2007
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-56,533
OWENS AND HURST LUMBER COMPANY, INC.
EUREKA, MONTANA
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 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 February 8, 2005 in
response to a petition filed by a company official on behalf of
workers of Owens and Hurst Lumber Company, Inc., Eureka, Montana.
The workers produce dimensional board and stud lumber.
The investigation revealed that sales, production and
employment at the subject firm declined during the relevant period.
The Department of Labor surveyed the subject firm's major
customers regarding their purchases of 1 inch boards and studs in
2003 and 2004. These surveys revealed increases in customer imports
during the relevant period.
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 increases of imports of articles
like or directly competitive with dimensional board and stud lumber
produced at Owens and Hurst Lumber Company, Inc., Eureka, Montana
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 Owens and Hurst Lumber Company, Inc., Eureka,
Montana who became totally or partially separated from
employment on or after February 7, 2004 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 in Washington, D. C., this 2nd day of March, 2005.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance