Petitioner Type: Company
Impact Date: 04/01/2005
Filed Date: 04/18/2005
Most Recent Update: 05/27/2005
Determination Date: 05/27/2005
Expiration Date: 05/27/2007
Employment and Training Administration
TA-W-56,985
ONEIDA LTD.
MAIN PLANT
SHERRILL, NEW YORK
TA-W-56,985A
ONEIDA LTD.
SALES OFFICE
ONEIDA, NEW YORK
TA-W-56,985B
ONEIDA LTD.
DISTRIBUTION FACILITY
SHERRILL, NEW YORK
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), 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 April 18, 2005 in response to
a petition filed by a company official on behalf of workers of
Oneida Ltd., Main Plant, Sherrill, New York (TA-W-56,985), Oneida
Ltd., Sales Office, Oneida, New York (TA-W-56,985A) and Oneida
Ltd., Distribution Facility, Sherrill, New York (TA-W-56,985B). The
workers at the subject firms are engaged in the production of
stainless steel, silverplated and sterling silver flatware. The
workers are not separately identifiable by product line.
The investigation revealed that production and employment
declined at the subject firm during the relevant period.
The investigation also revealed that company imports of
stainless steel, silverplated and sterling silver flatware
increased during the relevant period.
Workers producing stainless steel, silverplated and sterling
flatware at Oneida Limited, Silversmiths Division, Sherrill, New
York (TA-W-50,372) and Oneida Limited, Headquarters, Oneida, New
York (TA-W-50,372A), were previously certified eligible to apply
for Trade Adjustment Assistance (TAA), which expired on March 31,
2005.
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.
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 stainless steel, silverplated and
sterling silver flatware produced by Oneida Ltd., 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 Oneida Ltd., Main Plant, Sherrill, New York
(TA-W-56,985) and Oneida Ltd., Sales Office, Oneida, New York
(TA-W-56,985A), who became totally or partially separated from
employment on or after April 1, 2005, 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
All workers of Oneida Ltd., Distribution Facility, Sherrill,
New York (TA-W-56,985B), who became totally or partially
separated from employment on or after April 6, 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
"All workers of Oneida Ltd., Main Plant, Sherrill, New York
(TA-W-56,985), Oneida Ltd., Sales Office, Oneida, New York
(TA-W-56,985A) and Oneida Ltd., Distribution Facility,
Sherrill, New York (TA-W-56,985B), who became totally or
partially separated from employment on or after April 6, 2004,
through two years from the date of certification, are eligible
to apply for alternative trade adjustment assistance under
Section 246 of the Trade Act of 1974."
Signed in Washington, D.C., this 27th day of May 2005.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance