Petitioner Type: Company
Impact Date: 04/21/2004
Filed Date: 04/25/2005
Most Recent Update: 06/06/2005
Determination Date: 06/06/2005
Expiration Date: 08/05/2007
Employment and Training Administration
TA-W-57,047
WOODBRIDGE CORPORATION
A DIVISION OF WOODBRIDGE HOLDINGS, INC.
BRODHEAD, WISCONSIN
Notice of Revised Determination
on Reconsideration
By letter dated July 1, 2005 Unite Here, Local 1871
requested administrative reconsideration regarding the
Department’s Negative Determination Regarding Eligibility to
Apply for Worker Adjustment Assistance, applicable to the workers
of the subject firm.
The initial investigation resulted in a negative
determination signed on June 6, 2005 was based on the finding
that there were no company or customer imports of automotive foam
seating and no shift of production to a foreign source occurred.
The denial notice was published in the Federal Register on June
28, 2005 (70 FR 37116).
To support the request for reconsideration, the petitioner
supplied additional information regarding subject firm’s foreign
facilities which manufacture like or directly competitive
products with those produced at the subject firm. Upon further
contact with the subject firm’s company official, it was revealed
that the subject firm significantly increased its import
purchases of automotive foam seating during the relevant time
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 additional facts obtained on
reconsideration, I conclude that increased imports of articles
like or directly competitive with those produced at Woodbridge
Corporation, a division of Woodbridge Holdings, Inc., Brodhead,
Wisconsin, contributed importantly to the declines in sales or
production and to the total or partial separation of workers at
the subject firm. In accordance with the provisions of the Act,
I make the following certification:
"All workers of Woodbridge Corporation, a division of
Woodbridge Holdings, Inc., Brodhead, Wisconsin who became
totally or partially separated from employment on or after
April 21, 2004 through two years from the date of this
certification, are eligible to apply for adjustment
assistance under Section 223 of the Trade Act of 1974, and
are eligible to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974."
Signed in Washington, D.C. this 5th day of August 2005.
/s/ Linda G. Poole
________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-57,047
WOODBRIDGE CORPORATION
A DIVISION OF WOODBRIDGE HOLDINGS, INC.
BRODHEAD, WISCONSIN
Negative Determinations Regarding Eligibility
To Apply for Worker Adjustment Assistance
And Alternative Trade Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974, as
amended (19 USC 2273), the Department of Labor herein presents the
results of an investigation regarding certification of eligibility
to apply for worker adjustment assistance. The group eligibility
requirements for directly-impacted (primary) workers under Section
222(a) the Trade Act of 1974, as amended, can be satisfied in
either of two ways:
I. Section (a)(2)(A) all of the following must be satisfied:
A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm,
have become totally or partially separated, or are
threatened to become totally or partially separated;
B. the sales or production, or both, of such firm or
subdivision have decreased absolutely; and
C. increased imports of articles like or directly competitive
with articles produced by such firm or subdivision have
contributed importantly to such workers’ separation or
threat of separation and to the decline in sales or
production of such firm or subdivision; or
II. Section (a)(2)(B) both of the following must be satisfied:
A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the
firm, have become totally or partially separated, or are
threatened to become totally or partially separated;
B. there has been a shift in production by such workers’ firm
or subdivision to a foreign country of articles like or
directly competitive with articles which are produced by
such firm or subdivision; and
C. One of the following must be satisfied:
1. the country to which the workers’ firm has shifted
production of the articles is a party to a free trade
agreement with the United States;
2. the country to which the workers’ firm has shifted
production of the articles is a beneficiary country
under the Andean Trade Preference Act, African Growth
and Opportunity Act, or the Caribbean Basin Economic
Recovery Act; or
3. there has been or is likely to be an increase in
imports of articles that are like or directly
competitive with articles which are or were produced
by such firm or subdivision.
The investigation was initiated on April 25, 2005 in response
to a petition filed by an official of UNITE, Local 1871 on behalf
of workers of Woodbridge Corporation, a division of Woodbridge
Holdings, Inc., Brodhead, Wisconsin. The workers produce
automotive foam seating.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) were not met.
The investigation revealed that the subject firm did not
import automotive foam seating during in 2003, 2004, or January
through March of 2005.
Furthermore, the subject firm did not shift production of
automotive foam seating abroad during the relevant period.
The Department of Labor surveyed the subject firm’s primary
customers regarding their purchases of automotive foam seating in
2003, 2004 and January through March 2005. The survey revealed no
customer imports during the period of the 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.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the worker group must be certified
eligible to apply for trade adjustment assistance (TAA). Since the
workers are denied eligibility to apply for TAA, the workers cannot
be certified eligible for ATAA.
Conclusion
After careful review, I determine that all workers of
Woodbridge Corporation, a division of Woodbridge Holdings, Inc.,
Brodhead, Wisconsin are denied eligibility to apply for adjustment
assistance under Section 223 of the Trade Act of 1974, and are also
denied eligibility to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974.
Signed in Washington, D.C., this 6th day of June 2005
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance