Petitioner Type: Company
Impact Date: 05/23/2004
Filed Date: 06/02/2005
Most Recent Update: 06/24/2005
Determination Date: 06/24/2005
Expiration Date: 06/24/2007
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-57,290
PASLODE-CLEVELAND
INCLUDING LEASED WORKERS OF KELLY SERVICES, INC.
CLEVELAND, MISSISSIPPI
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 June 2, 2005, in response
to a petition filed by a company official on behalf of workers of
Paslode-Cleveland, Cleveland, Mississippi. The workers produce
various types of nails, including collated full and modified head
nails; workers are not separately identifiable by specific product.
The company also employed workers of Kelly Services at the site.
The investigation revealed that production of nails at the
subject plant declined in January through May, 2005 compared with
the same period in 2004. Although the firm is shifting production
to other domestic facilities, it is increasing its imports of
nails, contributing to anticipated separations as the Cleveland
plant.
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 other positions in the local area.
Conclusion
After careful review of the facts obtained in the
investigation, I conclude that there has been an increase in
imports of articles like or directly competitive articles with
those produced at the Cleveland, Mississippi plant. In accordance
with the provisions of the Act, I make the following certification:
"All workers of Paslode-Cleveland, including leased workers of
Kelly Services, Inc., Cleveland, Mississippi, who became
totally or partially separated from employment on or after May
23, 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 Paslode-
Cleveland, Cleveland, Mississippi, 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 24th day of June, 2005.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance