Petitioner Type: State
Impact Date: 02/10/2004
Filed Date: 02/14/2005
Most Recent Update: 04/12/2005
Determination Date: 04/12/2005
Expiration Date: 04/12/2007
Employment and Training Administration
TA-W-56,571
GRAHAM PACKAGING COMPANY
PERSONAL CARE AND SPECIALTY DIVISION
LA MIRADA, CALIFORNIA
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)(A) of
Section 222 have been met.
The investigation was initiated on February 14, 2005, in
response to a petition filed by a state workforce agent on behalf
of workers of Graham Packaging, Personal Care and Specialty
Division, La Mirada, California. The workers at the subject
facility produce plastic bottles (shampoo and conditioner
containers).
The investigation revealed that sales, production, and
employment at the subject facility decreased from 2003 to 2004.
The subject firm has ceased production of plastic bottles.
The Department of Labor surveyed the subject facility's major
customers regarding their purchases of plastic bottles in 2003,
2004, and January through February 2005. This survey revealed that
customers increased import purchases of plastic bottles during the
period under investigation.
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 workers of the subject
facility possess skills that are easily transferable to other
positions in the local area.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with plastic bottles produced by the
subject firm 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:
"Workers of Graham Packaging Company, Personal Care and
Specialty Division, La Mirada, California, engaged in
employment related to the production of plastic bottles, who
became totally or partially separated from employment on or
after February 10, 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
I further determine that workers of Graham Packaging Company,
Personal Care and Specialty Division, La Mirada, California,
engaged in employment related to the production of plastic bottles,
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 12th day of April 2005.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance