Petitioner Type: Workers
Impact Date: 08/15/2004
Filed Date: 08/16/2005
Most Recent Update: 09/16/2005
Determination Date: 09/16/2005
Expiration Date: 09/16/2007
Employment and Training Administration
TA-W-57,747
MOUNTAINTOP MANUFACTURING
A DIVISION OF CARROLL SCIENTIFIC, INC.
INCLUDING ON-SITE LEASED WORKERS FROM ACTION PERSONNEL SERVICES,
ONE SOURCE STAFFING, AND PROCURE PERSONNEL, INC.
MOUNTAINTOP, PENNSYLVANIA
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 August 16, 2005 in response
to a petition filed by workers on behalf of workers at Mountaintop
Manufacturing, a division of Carroll Scientific, Inc., Mountaintop,
Pennsylvania. The workers manufacture micronized polymers and are
not separately identifiable by product line.
The subject facility leased workers from Action Personnel
Services, One Source Staffing, and Procure Personnel, Inc. during
the relevant period.
The investigation revealed a significant number or proportion
of workers at the subject firm are threatened to become separated
from employment.
The investigation revealed that sales and production at the
subject firm declined during January through July 2005 when
compared to the same time period in 2004.
The investigation further revealed that the subject firm
increased imports of micronized polymers during the relevant
period.
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.
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 skills of the worker group at the subject firm are easily
transferable to other positions in the local area.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that there was an increase in imports 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 Mountaintop Manufacturing, a division of
Carroll Scientific, Inc., Mountaintop, Pennsylvania, including
on-site workers leased from Action Personnel Services, One
Source Staffing, and Procure Personnel, Inc., who became
totally or partially separated from employment on or after
August 15, 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
I further determine that all workers of Mountaintop
Manufacturing, a division of Carroll Scientific, Inc.,
Mountaintop, Pennsylvania, including on-site workers leased
from Action Personnel Services, One Source Staffing, and
Procure Personnel, Inc., 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 16th day of September, 2005
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance