Petitioner Type: Workers
Impact Date: 05/17/2004
Filed Date: 05/25/2005
Most Recent Update: 06/22/2005
Determination Date: 06/22/2005
Expiration Date: 06/22/2007
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-57,258
VIRGINIA METAL CRAFTERS, INC.
WAYNESBORO, VIRGINIA
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), as amended, 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 May 25, 2005, in response
to a petition filed on behalf of workers of Virginia Metalcrafters,
Inc., Waynesboro, Virginia. The workers produce home and garden
accessories. They are not separately identifiable by specific
product.
The investigation revealed that employment, sales and
production at the subject firm decreased during January through
April 2005 as compared to the same period in 2004.
The subject firm increased imports of home and garden
accessories during the relevant period contributing to the decline
in production and employment.
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 2 has not been
met.
The investigation revealed that the skills of the worker group
are easily transferable to positions within the local commuting
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 home and garden accessories
produced at Virginia Metalcrafters, Inc., Waynesboro, Virginia
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 Virginia Metalcrafters, Inc., Waynesboro,
Virginia who became totally or partially separated from
employment on or after May 17, 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".
I further determine that all workers of Virginia
Metalcrafters, Inc., Waynesboro, Virginia 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 22nd day of June 2005.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance