Petitioner Type: Union
Impact Date:
Filed Date: 05/04/2005
Most Recent Update: 05/17/2005
Determination Date: 05/17/2005
Expiration Date:
Employment and Training Administration
TA-W-57,114
SELKIRK, LLC
LOGAN, OHIO
Notice of Revised Determination on Reconsideration
of Alternative Trade Adjustment Assistance
By letter dated June 8, 2005, a company official requested
administrative reconsideration regarding Alternative Trade
Adjustment Assistance (ATAA) applicable to workers of the subject
firm. The negative determination was signed on May 17, 2005, and
was published in the Federal Register on June 13, 2005 (70 FR
34155).
The workers of Selkirk, LLC, Logan, Ohio were certified
eligible to apply for Trade Adjustment Assistance (TAA) on May
17, 2005.
The initial ATAA investigation determined that the skills of
the subject worker group are easily transferable to other
positions in the local area.
In the request for reconsideration, the company official
provided new information confirming that the skills of the
workers at the subject firm are not easily transferable in the
local commuting area.
Additional investigation has determined that the workers
possess skills that are not easily transferable. A significant
number or proportion of the worker group are age fifty years or
over. Competitive conditions within the industry are adverse.
Conclusion
After careful review of the additional facts obtained on
reconsideration, I conclude that the requirements of Section 246
of the Trade Act of 1974, as amended, have been met for workers
at the subject firm.
In accordance with the provisions of the Act, I make the
following certification:
"All workers of Selkirk, LLC, Logan, Ohio, who became
totally or partially separated from employment on or after
May 28, 2005 through May 17, 2007, are eligible to apply for
trade adjustment assistance under Section 223 of the Trade
Act of 1974.”
“I further determine that all workers of Selkirk, LLC,
Logan, Ohio, who became totally or partially separated from
employment on or after April 26, 2004 through May 17, 2007
are eligible to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974.”
Signed in Washington, D.C. this 23rd day of June 2005.
/s/ Elliott S. Kushner
_______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-57,114
SELKIRK, LLC
LOGAN, OHIO
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, 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.
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)(B) of
Section 222 have been met.
The investigation was initiated on May 4, 2005, in response to
a petition filed by The Sheet Metal Workers International
Association, Local 456, on behalf of workers of Selkirk, LLC,
Logan, Ohio. The workers produce gas vent accessories and venting
products; the workers are not separately identifiable by product
line.
Workers at the subject firm currently hold an active Trade
Adjustment Assistance certification that expires May 27, 2005(
Reference number TA-W-51,755).
The investigation revealed that employment declined in January
through April 2005 as compared to January through April 2004.
The subject firm has begun shifting production of gas vent
accessories and venting products to Mexico and Canada, countries
that are parties to free trade agreements with the United States.
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 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 number 2 has not
been met.
The investigation revealed that the workers skills are
transferable within the local commuting area.
Conclusion
After careful review of the facts obtained in the
investigation, I conclude that there was a shift in production from
the workers firm or subdivision to Mexico and Canada of articles
that are like or directly competitive with those produced by the
subject firm or subdivision. In accordance with the provisions of
the Act, I make the following certification:
"All workers of Selkirk, LLC, Logan, Ohio who became totally
or partially separated from employment on or after May 28,
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.”
I further determine that all workers of Selkirk, LLC, Logan,
Ohio 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 17th day of May 2005
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance