Petitioner Type: State
Impact Date:
Filed Date: 10/17/2005
Most Recent Update: 11/04/2005
Determination Date: 11/04/2005
Expiration Date:
Employment and Training Administration
TA-W-58,139
KELLOGG BROWN AND ROOT, INC. (KBRI)
WORKERS AT INTERNATIONAL PAPER FACILITY
MANSFIELD, LOUISIANA
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 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 October 17, 2005, in
response to a petition filed by a state representative on behalf of
workers of Kellogg Brown and Root, Inc. (KBRI), workers at
International Paper Facility, Mansfield, Louisiana. The workers
provide maintenance and construction support services on-site at
the International Paper facility.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) have not been met.
The investigation revealed that the worker group eligibility
criteria described are not met because the predominant cause of the
Kellogg Brown and Root, Inc. (KBRI) worker separations at
International Paper, Mansfield, Louisiana is unrelated to imports
or a shift in production.
The investigation revealed that worker separations at the
subject firm are due to the company losing the maintenance contract
at the International Paper facility in Mansfield, Louisiana to
another contractor.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that all workers of Kellogg Brown and
Root, Inc. (KBRI), working at International Paper Facility,
Mansfield, Louisiana 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 4th day of November 2005
/s/ Linda G. Poole
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance