Petitioner Type: Unknown
Impact Date: 09/08/2004
Filed Date: 09/13/2005
Most Recent Update: 10/21/2005
Determination Date: 10/21/2005
Expiration Date: 01/13/2008
Other Worker Groups on This Petition
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-57,945
POLYVISION CORPORATION
13646 ROUT 402 HIGHWAY NORTH FACILITY
CLYMER, PENNSYLVANIA
TA-W-57,945A
POLYVISION CORPORATION
2170 BARR SLOPE ROAD FACILITY
DIXONVILLE, PENNSYLVANIA
Notice of Revised Determination
on Reconsideration
By letter dated December 5, 2005 Greater Pennsylvania
Regional Council of Carpenters requested administrative
reconsideration regarding the Department’s Negative Determination
Regarding Eligibility to Apply for Worker Adjustment Assistance,
applicable to the workers of the subject firm.
The initial investigation resulted in a negative
determination signed on October 21, 2005 was based on the finding
that imports of casework cabinets, marker and tack boards did not
contribute importantly to worker separations at the subject plant
and no shift of production to a foreign source occurred. The
denial notice was published in the Federal Register on November
9, 2005 (70 FR 68099).
To support the request for reconsideration, the petitioner
supplied additional information. The Department of Labor
reviewed surveys of the firms to which the subject facility
submitted bids and was not subsequently awarded the contracts. A
further contact with the surveyed companies revealed the fact
that all the bids were awarded to domestic bidders who
manufacture case work cabinets, market boards and tack boards
abroad. The loss of these contracts as a result of increased
imports of case work cabinets, market boards and tack boards
contributed importantly to the declines in sales and employment
at the subject firm. The investigation further revealed that
sales, production and employment at the subject firm declined
during the relevant time period.
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 additional facts obtained on
reconsideration, I conclude that increased imports of articles
like or directly competitive with those produced at Polyvision
Corporation, Clymer, Pennsylvania (TA-W-57,945) and Polyvision
Corporation, Dixonville, Pennsylvania (TA-W-57,945A), contributed
importantly to the declines in sales or production and to the
total or partial separation of workers at the subject firm. In
accordance with the provisions of the Act, I make the following
certification:
"All workers of Polyvision Corporation, Clymer, Pennsylvania
(TA-W-57,945) and Polyvision Corporation, Dixonville,
Pennsylvania (TA-W-57,945A) who became totally or partially
separated from employment on or after September 8, 2004
through two years from the date of this certification, are
eligible to apply for adjustment assistance under Section
223 of the Trade Act of 1974, and are eligible to apply for
alternative trade adjustment assistance under Section 246 of
the Trade Act of 1974."
Signed in Washington, D.C. this 13th day of January 2006.
/s/ Elliott S. Kushner
________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-57,945
POLYVISION CORPORATION
13646 ROUTE 402 HIGHWAY NORTH FACILITY
CLYMER, PENNSYLVANIA
TA-W-57,945A
POLYVISION CORPORATION
2170 BARR SLOPE ROAD FACILITY
DIXONVILLE, PENNSYLVANIA
Negative Determinations 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 group eligibility
requirements for directly-impacted (primary) workers under Section
222(a) the Trade Act of 1974, as amended, can be satisfied in
either of two ways:
I. Section (a)(2)(A) all of the following must be satisfied:
A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm,
have become totally or partially separated, or are
threatened to become totally or partially separated;
B. the sales or production, or both, of such firm or
subdivision have decreased absolutely; and
C. increased imports of articles like or directly competitive
with articles produced by such firm or subdivision have
contributed importantly to such workers’ separation or
threat of separation and to the decline in sales or
production of such firm or subdivision; or
II. Section (a)(2)(B) both of the following must be satisfied:
A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the
firm, have become totally or partially separated, or are
threatened to become totally or partially separated;
B. there has been a shift in production by such workers’ firm
or subdivision to a foreign country of articles like or
directly competitive with articles which are produced by
such firm or subdivision; and
C. One of the following must be satisfied:
1. the country to which the workers’ firm has shifted
production of the articles is a party to a free trade
agreement with the United States;
2. the country to which the workers’ firm has shifted
production of the articles is a beneficiary country
under the Andean Trade Preference Act, African Growth
and Opportunity Act, or the Caribbean Basin Economic
Recovery Act; or
3. there has been or is likely to be an increase in
imports of articles that are like or directly
competitive with articles which are or were produced
by such firm or subdivision.
The investigation was initiated on September 13, 2005 in
response to a petition filed by a council representative on behalf
of workers at Polyvision Corporation, Clymer, Pennsylvania (TA-W-
57,945), and Polyvision Corporation, Dixonville, Pennsylvania (TA-
W-57,945A). The workers manufacture casework cabinets, and marker
and tack boards. Workers are not separately identifiable by
product.
The investigation revealed that (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) have not been met.
The investigation revealed that employment, sales, and
production at Polyvision Corporation, Clymer, Pennsylvania (TA-W-
57,945) is threatened to decline absolutely with the merging of
both the Clymer and Dixonville facilities.
The Polyvision Corporation, Clymer, Pennsylvania (TA-W-
57,945), and Polyvision Corporation, Dixonville, Pennsylvania (TA-
W-57,945A) facilities did not shift production of casework
cabinets, and marker and tack boards to a foreign country in 2003,
2004, or January through August 2005, nor did either facility
import casework cabinets, and marker and tack boards during the
relevant period.
The United States Department of Labor surveyed several
construction firms and companies that both the Clymer and
Dixonville facilities placed bids with for casework cabinet, and
marker and tack boards jobs and lost during the relevant period.
All of these companies reported that the bids awarded, were awarded
to domestic companies in the United States. There were no bids
lost via the Clymer and Dixonville facilities that have been
awarded to any foreign firms.
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 assis-
tance (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 Polyvision
Corporation, Clymer, Pennsylvania (TA-W-57,945), and Polyvision
Corporation, Dixonville, Pennsylvania (TA-W-57,945A) 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.
Signed in Washington, D.C. this 21st day of October 2005.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-57,945
POLYVISION CORPORATION
13646 ROUT 402 HIGHWAY NORTH FACILITY
CLYMER, PENNSYLVANIA
TA-W-57,945A
POLYVISION CORPORATION
2170 BARR SLOPE ROAD FACILITY
DIXONVILLE, PENNSYLVANIA
Notice of Revised Determination
on Reconsideration
By letter dated December 5, 2005 Greater Pennsylvania
Regional Council of Carpenters requested administrative
reconsideration regarding the Department’s Negative Determination
Regarding Eligibility to Apply for Worker Adjustment Assistance,
applicable to the workers of the subject firm.
The initial investigation resulted in a negative
determination signed on October 21, 2005 was based on the finding
that imports of casework cabinets, marker and tack boards did not
contribute importantly to worker separations at the subject plant
and no shift of production to a foreign source occurred. The
denial notice was published in the Federal Register on November
9, 2005 (70 FR 68099).
To support the request for reconsideration, the petitioner
supplied additional information. The Department of Labor
reviewed surveys of the firms to which the subject facility
submitted bids and was not subsequently awarded the contracts. A
further contact with the surveyed companies revealed the fact
that all the bids were awarded to domestic bidders who
manufacture case work cabinets, market boards and tack boards
abroad. The loss of these contracts as a result of increased
imports of case work cabinets, market boards and tack boards
contributed importantly to the declines in sales and employment
at the subject firm. The investigation further revealed that
sales, production and employment at the subject firm declined
during the relevant time period.
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 additional facts obtained on
reconsideration, I conclude that increased imports of articles
like or directly competitive with those produced at Polyvision
Corporation, Clymer, Pennsylvania (TA-W-57,945) and Polyvision
Corporation, Dixonville, Pennsylvania (TA-W-57,945A), contributed
importantly to the declines in sales or production and to the
total or partial separation of workers at the subject firm. In
accordance with the provisions of the Act, I make the following
certification:
"All workers of Polyvision Corporation, Clymer, Pennsylvania
(TA-W-57,945) and Polyvision Corporation, Dixonville,
Pennsylvania (TA-W-57,945A) who became totally or partially
separated from employment on or after September 8, 2004
through two years from the date of this certification, are
eligible to apply for adjustment assistance under Section
223 of the Trade Act of 1974, and are eligible to apply for
alternative trade adjustment assistance under Section 246 of
the Trade Act of 1974."
Signed in Washington, D.C. this 13th day of January 2006.
/s/ Elliott S. Kushner
________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-57,945
POLYVISION CORPORATION
13646 ROUTE 402 HIGHWAY NORTH FACILITY
CLYMER, PENNSYLVANIA
TA-W-57,945A
POLYVISION CORPORATION
2170 BARR SLOPE ROAD FACILITY
DIXONVILLE, PENNSYLVANIA
Negative Determinations 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 group eligibility
requirements for directly-impacted (primary) workers under Section
222(a) the Trade Act of 1974, as amended, can be satisfied in
either of two ways:
I. Section (a)(2)(A) all of the following must be satisfied:
A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm,
have become totally or partially separated, or are
threatened to become totally or partially separated;
B. the sales or production, or both, of such firm or
subdivision have decreased absolutely; and
C. increased imports of articles like or directly competitive
with articles produced by such firm or subdivision have
contributed importantly to such workers’ separation or
threat of separation and to the decline in sales or
production of such firm or subdivision; or
II. Section (a)(2)(B) both of the following must be satisfied:
A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the
firm, have become totally or partially separated, or are
threatened to become totally or partially separated;
B. there has been a shift in production by such workers’ firm
or subdivision to a foreign country of articles like or
directly competitive with articles which are produced by
such firm or subdivision; and
C. One of the following must be satisfied:
1. the country to which the workers’ firm has shifted
production of the articles is a party to a free trade
agreement with the United States;
2. the country to which the workers’ firm has shifted
production of the articles is a beneficiary country
under the Andean Trade Preference Act, African Growth
and Opportunity Act, or the Caribbean Basin Economic
Recovery Act; or
3. there has been or is likely to be an increase in
imports of articles that are like or directly
competitive with articles which are or were produced
by such firm or subdivision.
The investigation was initiated on September 13, 2005 in
response to a petition filed by a council representative on behalf
of workers at Polyvision Corporation, Clymer, Pennsylvania (TA-W-
57,945), and Polyvision Corporation, Dixonville, Pennsylvania (TA-
W-57,945A). The workers manufacture casework cabinets, and marker
and tack boards. Workers are not separately identifiable by
product.
The investigation revealed that (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) have not been met.
The investigation revealed that employment, sales, and
production at Polyvision Corporation, Clymer, Pennsylvania (TA-W-
57,945) is threatened to decline absolutely with the merging of
both the Clymer and Dixonville facilities.
The Polyvision Corporation, Clymer, Pennsylvania (TA-W-
57,945), and Polyvision Corporation, Dixonville, Pennsylvania (TA-
W-57,945A) facilities did not shift production of casework
cabinets, and marker and tack boards to a foreign country in 2003,
2004, or January through August 2005, nor did either facility
import casework cabinets, and marker and tack boards during the
relevant period.
The United States Department of Labor surveyed several
construction firms and companies that both the Clymer and
Dixonville facilities placed bids with for casework cabinet, and
marker and tack boards jobs and lost during the relevant period.
All of these companies reported that the bids awarded, were awarded
to domestic companies in the United States. There were no bids
lost via the Clymer and Dixonville facilities that have been
awarded to any foreign firms.
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 assis-
tance (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 Polyvision
Corporation, Clymer, Pennsylvania (TA-W-57,945), and Polyvision
Corporation, Dixonville, Pennsylvania (TA-W-57,945A) 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.
Signed in Washington, D.C. this 21st day of October 2005.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance