Petitioner Type: State
Impact Date:
Filed Date: 10/27/2005
Most Recent Update: 12/09/2005
Determination Date: 12/09/2005
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-58,223
ALSCO
PORTLAND UNIFORM AND CLEANROOM
INCLUDING WORKERS AT HILLSBORO, OREGON CUSTOMER SITE
PORTLAND, OREGON
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 (19
USC 2273), as amended, the Department of Labor herein presents
the results of an investigation regarding certification of
eligibility to apply for worker adjustment assistance as an
adversely affected secondary group.
An investigation was conducted in order to determine
whether the petitioning group of workers qualifies as adversely
affected secondary workers as suppliers of component parts to a
firm or subdivision primarily affected by increased imports or a
shift of production abroad.
In order to make an affirmative determination and issue a
certification of eligibility to apply for adjustment assistance,
the following group eligibility requirements under Section
222(b) must be met:
(1) a significant number or proportion of the workers in
the workers' firm or an appropriate subdivision of the
firm have become totally or partially separated, or
are threatened to become totally or partially
separated;
(2) the workers' firm (or subdivision) is a supplier or
downstream producer to a firm (or subdivision) that
employed a group of workers who received a
certification of eligibility to apply for trade
adjustment assistance benefits and such supply or
production is related to the article that was the
basis for such certification; and
(3) either-
(A) the workers' firm is a supplier and the component
parts it supplied for the firm (or subdivision)
described in paragraph (2) accounted for at least 20
percent of the production or sales of the workers'
firm; or
(B) a loss of business by the workers' firm with the
firm (or subdivision) described in paragraph (2)
contributed importantly to the workers' separation or
threat of separation.
The investigation was initiated on October 27, 2005 in
response to a petition filed by state agency representative on
behalf of workers of Alsco, Portland Uniform and Cleanroom,
Portland, Oregon, and including workers employed at the site of
a customer in Hillsboro, Oregon. The workers launder cleanroom
garments at the main Portland facility and then restock them at
the Hillsboro customer site.
The investigation revealed that criterion (2) has not been
met.
Petitioners allege that job losses were due to their firm
losing business as a supplier to a firm that shifted production
abroad or was affected by increased imports. The investigation
revealed, however, that was not the case. The laundry services
provided by the subject firm are not a component part of any
other product.
The investigation further revealed that the predominant
cause of layoffs at the subject firm was not import related. A
contract to provide laundry services for a major client in
Hillsboro was lost to another domestic firm. Moreover, almost
all of the workers employed by the subject firm on-site at the
Hillsboro facility were rehired by the new contracting firm.
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 covered by this
petition of Alsco, Portland Uniform and Cleanroom, including
workers at the Hillsboro, Oregon customer site, Portland, Oregon
do not qualify as adversely affected secondary workers and are
denied eligibility to apply for adjustment assistance under
section 223(b) of the Trade Act of 1974, and alternative trade
adjustment assistance under Section 246 of the Trade Act of
1974.
Signed at Washington, D.C., this 9th day of December 2005.
/s/ Richard Church
__
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance