Petitioner Type: Company
Impact Date: 06/14/2004
Filed Date: 07/01/2005
Most Recent Update: 07/28/2005
Determination Date: 07/28/2005
Expiration Date: 07/28/2007
Employment and Training Administration
TA-W-57,494
TOTER INCORPORATED
SANGER DIVISION
INCLUDING LEASED ON-SITE WORKERS OF PLACEMENT PROS
SANGER, CALIFORNIA
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, 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 July 1, 2005, in
response to a petition filed by a company official on behalf of
workers of Toter Incorporated, Sanger Division, Sanger,
California. The workers produce plastic refuse containers.
The investigation revealed that Toter Incorporated, Sanger
Division, Sanger, California also leased on-site workers from
Placement Pros to produce plastic refuse containers.
The preponderance in the declines in employment at the
subject firm is related to a shift in plant production of
plastic refuse containers to Mexico a party to a free trade
agreement 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 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 do not possess skills that are easily transferable.
Competitive conditions within the industry are adverse.
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 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 Toter Incorporated, Sanger Division,
Sanger, California, including leased on-site workers of
Placement Pros, who became totally or partially separated
from employment on or after June 14, 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 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 28th day of July, 2005.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance