Petitioner Type: Company
Impact Date:
Filed Date: 04/01/2005
Most Recent Update: 04/26/2005
Determination Date: 04/26/2005
Expiration Date:
Employment and Training Administration
TA-W-56,868
RIVER VALLEY CONTRACT MANUFACTURING, INC.
MENIFEE, ARKANSAS
Negative Determinations Regarding Eligibility
To Apply for Worker 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 an adversely affected secondary group.
An investigation was conducted in order to determine
whether the petitioning group of workers of the firm
qualify as adversely affected secondary workers supplying
component parts to a firm or subdivision primarily affected
by increased imports or a shift of production abroad; or
qualify as a downstream producer for a firm or subdivision
primarily affected by increased imports from Canada or
Mexico or a shift of production to Canada or Mexico.
In order to make an affirmative determination and
issue a certification of eligibility to apply for
adjustment assistance, the following group eligibility
requirements under Section 222(b) must be met:
(1) a significant number or proportion of the workers
in the workers' firm or an appropriate
subdivision of the firm have become totally or
partially separated, or are threatened to become
totally or partially separated;
(2) the workers' firm (or subdivision) is a supplier
or downstream producer to a firm (or subdivision)
that employed a group of workers who received a
certification of eligibility to apply for trade
adjustment assistance benefits and such supply or
production is related to the article that was the
basis for such certification; and
(3) either-
(A) the workers' firm is a supplier and the
component parts it supplied for the firm (or
subdivision) described in paragraph (2) accounted
for at least 20 percent of the production or
sales of the workers' firm; or
(B) a loss of business by the workers' firm with
the firm (or subdivision) described in paragraph
(2) contributed importantly to the workers'
separation or threat of separation.
The investigation was initiated on April 1, 2005, in
response to a petition filed by a company official on
behalf of workers of River Valley Contract Manufacturing,
Inc., Menifee, Arkansas. The workers were engaged in the
production of assemblies (cable, wiring harnesses, jumper
leads, switching, terminal connectors) for weed eaters and
chainsaws.
The investigation revealed that criterion (3) has not
been met.
The workers of the firm with which River Valley
Contract Manufacturing, Inc. did business from 2003 through
February 2005 are not certified eligible to apply for trade
adjustment assistance.
The Department of Labor conducted further
investigation to determine if the workers of River Valley
Contract Manufacturing could be certified as a primary
firm. To that end, the Department surveyed the subject
firm's customer regarding its purchases of assemblies,
cable, wiring harnesses, jumper leads, switching, or
terminal connectors during 2003, 2004 and January through
February in 2005. The subject firm's customer did not
purchase imports during the relevant period.
Conclusion
After careful review, I determine that workers of
River Valley Contract Manufacturing, Inc., Menifee,
Arkansas, do not qualify as adversely affected secondary
workers and are denied eligibility to apply for adjustment
assistance under section 223(b) of the Trade Act of 1974.
Signed at Washington, D.C., this 26th day of April, 2005.
/s/ Linda G. Poole
__
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance