Petitioner Type: Company
Impact Date: 07/11/2005
Filed Date: 07/01/2005
Most Recent Update: 07/18/2005
Determination Date: 07/18/2005
Expiration Date: 07/18/2007
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-57,492
GILMOUR MANUFACTURING COMPANY
INCLUDING LEASED WORKERS OF RUGGIERI ENTERPRISES d/b/a SPHERION
and LEASED WORKERS OF ADECCO EMPLOYMENT SERVICES
SOMERSET, PENNSYLVANIA
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), 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 July 1, 2005 in response to
a petition filed by a company official on behalf of workers of
Gilmour Manufacturing Company, Somerset, Pennsylvania. The workers
produce lawn and garden products. The subject firm employed leased
on-site workers of Ruggieri Enterprises, d/b/as Spherionn, and
Adecco Employment Services.
Workers at the subject firm were certified eligible to apply
for adjustment assistance on July 10, 2003 (TA-W-51,955). That
certification expired July 10, 2005.
This investigation revealed that sales, production and
employment at the subject facility declined in the first half of
2005 compared with the same period of 2004.
The subject firm is continuing to increase its imports of
items like and competitive with those produced at the Somerset
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.
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 facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with lawn and garden products produced
at Gilmour Manufacturing Company, Somerset, Pennsylvania
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 Gilmour Manufacturing Company, Somerset,
Pennsylvania, including leased workers of Ruggieri
Enterprises, d/b/a Spherion and Addeco Employment Services,
who became totally or partially separated from employment on
or after July 11, 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 are also
eligible to apply for alternative trade adjustment assistance
under Section 246 of the Trade Act of 1974."
Signed in Washington, D. C. this 18th day of July, 2005.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance