Petitioner Type: Company
Impact Date: 07/27/2004
Filed Date: 07/29/2005
Most Recent Update: 08/25/2005
Determination Date: 08/25/2005
Expiration Date: 08/25/2007
Employment and Training Administration
TA-W-57,644
EASTMAN KODAK COMPANY
PACK CENTER
GLOBAL MANUFACTURING AND LOGISTICS DIVISION
INCLUDING ON-SITE LEASED WORKERS OF KELLY MANAGEMEMENT SERVICES
ROCHESTER, NEW YORK
TA-W-57,644A
EASTMAN KODAK COMPANY
PACK CENTER
GLOBAL MANUFACTURING AND LOGISTICS DIVISION
INCLUDING ON-SITE LEASED WORKERS OF MANPOWER ASSOCIATES
WHITTIER, CALIFORNIA
Determination 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 29, 2005, in response
to a petition filed by a company official on behalf of workers of
Eastman Kodak Company, Pack Center, Global Manufacturing and
Logistics Division, Rochester, New York, and Eastman Kodak Company,
Pack Center, Global Manufacturing and Logistics Division, Whittier,
California. The workers package promotional products for consumer
film and disposable cameras such as promotional displays seen in
stores.
Eastman Kodak Company, Pack Center, Rochester, New York,
leased workers from Kelly Management Services. Eastman Kodak
Company, Pack Center, Whittier, California, leased workers from
Manpower Associates.
The investigation revealed that employment declines at the
subject firm are attributable to the shift in production from the
firm's Pack Centers in Rochester, New York and Whittier, California
to a country (Mexico) that is 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.
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 in the case of workers at
Eastman Kodak Company, Pack Center, Global Manufacturing and
Logistics Division, Whittier, California (TA-W-57,644A), criterion
(1) has not been met.
The investigation revealed that there was not a significant
number of workers in the workers' firm that are 50 years of age or
older at this location. Significant number of workers means at
least three workers in a worker group of fewer than 50 workers.
The Department has determined in the case of workers at
Eastman Kodak Company, Pack Center, Global Manufacturing and
Logistics Division, Rochester, New York (TA-W-57,644), 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 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 Eastman Kodak Company, Pack Center, Global
Manufacturing and Logistics Division, Rochester, New York,
including on-site leased workers of Kelly Management Services
(TA-W-57,644), and Eastman Kodak Company, Pack Center, Global
Manufacturing and Logistics Division, Whittier, California,
including on-site leased workers of Manpower Associates (TA-W-
57,644A), who became totally or partially separated from
employment on or after July 27, 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
"All workers of Eastman Kodak Company, Pack Center, Global
Manufacturing and Logistics Division, Rochester, New York,
including on-site leased workers of Kelly Management Services,
(TA-W-57,644), who became totally or partially separated from
employment on or after July 27, 2004, through two years from
the date of certification, are eligible to apply for
alternative trade adjustment assistance under Section 246 of
the Trade Act of 1974;" and
I further determine that all workers of and Eastman Kodak
Company, Pack Center, Global Manufacturing and Logistics Division,
Whittier, California, including on-site leased workers of Manpower
Associates (TA-W-57,644A), 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 25th day of August 2005.
/s/ Linda G. Poole
_________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance