Petitioner Type: Company
Impact Date:
Filed Date: 08/09/2005
Most Recent Update: 08/10/2005
Determination Date: 08/10/2005
Expiration Date:
Employment and Training Administration
TA-W-57,697
DORR-OLIVER EIMCO USA INC.
SALT LAKE CITY, UTAH
Negative 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.
The investigation was initiated on August 9, 2005, in
response to a petition filed by a company official on behalf of
workers of Dorr-Oliver Eimco USA Inc., Salt Lake City, Utah.
The workers perform various support activities including sales,
customer support, inventory, shipping/receiving, and warehouse
duties, all related to liquid/solid separation equipment sold
and shipped by the firm.
The investigation revealed that Dorr-Oliver Eimco USA Inc.,
Salt Lake City, Utah, does not produce an article within the
meaning of Section 222(a)(2) of the Act. In order to be
considered eligible to apply for adjustment assistance under
Section 223 of the Trade Act of 1974, the worker group seeking
certification (or on whose behalf certification is being sought)
must work for a "firm" or appropriate subdivision that produces
an article and there must be a relationship between the workers'
work and the article produced by the workers' firm or
appropriate subdivision. The workers who support the
liquid/solid separation equipment sales described above do not
support a firm or appropriate subdivision that produces an
article domestically. Thus, the worker group can not be
considered import impacted or affected by a shift in production
of an article.
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.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the worker group must be
certified eligible to apply for trade adjustment assistance
(TAA). Since the workers are denied eligibility to apply for
TAA, the workers cannot be certified eligible for ATAA.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that all workers of Dorr-Oliver Eimco
USA Inc., Salt Lake City, Utah are denied eligibility to apply
for adjustment assistance under Section 223 of the Trade Act of
1974, and are also denied eligibility to apply for alternative
trade adjustment assistance under Section 246 of the Trade Act
of 1974 as amended.
Signed in Washington, D. C. this 10th day of August 2005
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance