Petitioner Type: Company
Impact Date: 10/28/2004
Filed Date: 10/28/2005
Most Recent Update: 11/23/2005
Determination Date: 11/23/2005
Expiration Date: 11/23/2007
Employment and Training Administration
TA-W-58,226
ALCAN PACKAGING – CEBAL AMERICAS
A DIVISION OF ALCAN, INC.
PECHINEY PLASTIC PACKAGING
CYPRESS, CALIFORNIA
Amended 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), and Section 246 of the Trade Act of 1974 (26 USC
2813), as amended, the Department of Labor issued a Certification
of Eligibility to Apply for Worker Adjustment Assistance and a
Negative Determination Regarding Eligibility To Apply For
Alternative Trade Adjustment Assistance on November 23, 2005,
applicable to workers of Alcan Packaging – Cebal Americas, a
division of Alcan, Inc., Cypress, California. The notice was
published in the Federal Register on December 15, 2005 (70 FR
74368).
At the request of the State agency, the Department reviewed
the certification for workers of the subject firm. The workers
were engaged in the production of plastic tubing.
New information provided to the Department shows that some
of the workers separated from employment at the subject firm had
their wages reported under a separate unemployment insurance (UI)
tax account for Pechiney Plastic Packaging.
Based on this new information, the Department is amending
the certification to include workers of Alcan Packaging – Cebal
Americas, a division of Alcan, Inc., Cypress, California, whose
wages are reported to Pechiney Plastic Packaging.
The intent of the Department’s certification is to include
all workers of Alcan Packaging – Cebal Americas, a division of
Alcan, Inc., Cypress, California, who were adversely affected by
a shift in production of plastic tubing to Mexico.
The amended notice applicable to TA-W-58,226 is hereby
issued as follows:
"All workers of Alcan Packaging – Cebal Americas, a
division of Alcan, Inc., Pechiney Plastic Packaging,
Cypress, California, who became totally or partially
separated from employment on or after October 28, 2004,
through November 23, 2007, are eligible to apply for
adjustment assistance under Section 223 of the Trade
Act of 1974.”
I further determine that all workers of Alcan
Packaging – Cebal Americas, a division of Alcan, Inc.,
Pechiney Plastic Packaging, Cypress, California, are denied
eligible to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974.
Signed at Washington, D.C., this 20th day of April 2006.
/s/ Linda G. Poole
_______________________________
LINDA G. POOLE
Certifying Officer, Division
of Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-58,226
ALCAN PACKAGING – CEBAL AMERICAS
DIVISION OF ALCAN, INC.
CYPRESS, CALIFORNIA
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, 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.
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)(B) of
Section 222 have been met.
The investigation was initiated on October 28, 2005, in
response to a petition filed by a company official on behalf of
workers of Alcan Packaging – Cebal Americas, Inc., division of
Alcan Inc, Cypress, California. The workers produce plastic
tubing.
The decline in employment at the subject firm is related to a
shift in plant production of plastic tubing to a country (Mexico)
that is a party to a free trade agreement with the United States.
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 investigation revealed that the skills of the worker group
are easily transferable.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that there was a shift in production
from the workers' firm or subdivision to Mexico of articles that
are like or directly competitive with plastic tubing produced by
the subject firm or subdivision. In accordance with the provisions
of the Act, I make the following certification:
"All workers of Alcan Packaging – Cebal Americas, a division
of Alcan Packaging, Inc., Cypress, California who became
totally or partially separated from employment on or after
October 28, 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 Alcan Packaging –
Cebal Americas, a division of Alcan Packaging, Inc., Cypress,
California, 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 23rd day of November, 2005
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance