Petitioner Type: Union
Impact Date: 10/28/2004
Filed Date: 10/31/2005
Most Recent Update: 02/09/2006
Determination Date: 02/09/2006
Expiration Date: 04/19/2008
Employment and Training Administration
TA-W-58,236
NATICK PAPERBOARD CORPORATION
PAPERBOARD MILL DIVISION
NATICK, MASSACHUSETTS
Notice of Revised Determination
on Reconsideration
By application of April 1, 2006 United Steelworkers of
America, Local 516, requested administrative reconsideration of
the Department's negative determination regarding eligibility for
workers and former workers of the subject firm to apply for Trade
Adjustment Assistance (TAA) and Alternative Trade Adjustment
Assistance (ATAA).
The initial investigation resulted in a negative
determination signed on February 9, 2006 was based on the finding
that imports of recycled paperboard for the book, binding and
game industries 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 March 2, 2006 (71 FR 10716).
In the request for reconsideration, the petitioner provided
additional information regarding the subject firm’s customers and
requested an investigation relating to secondary impact
concerning the subject firm as an upstream supplier to the book,
binding and game industries. A review of the new facts determined
that the workers of the subject firm may be eligible for TAA on
the basis of a secondary upstream supplier impact.
The Department conducted an investigation of subject firm
workers on the basis of secondary impact, it was revealed that
Natick Paperboard Corporation, Paperboard Mill Division, Natick,
Massachusetts supplied paperboard that was used in the production
of board games and paper based office supply products, and a loss
of business with domestic manufacturers (whose workers were
certified eligible to apply for adjustment assistance)
contributed importantly to the workers separation or threat of
separation.
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 facts obtained in the
investigation, I determine that workers of Natick Paperboard
Corporation, Paperboard Mill Division, Natick, Massachusetts
engaged in production of recycled paperboard qualify as adversely
affected secondary workers under Section 222 of the Trade Act of
1974, as amended. In accordance with the provisions of the Act, I
make the following certification:
"All workers of Natick Paperboard Corporation, Paperboard Mill
Division, Natick, Massachusetts, who became totally or
partially separated from employment on or after October 28,
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 at Washington, D.C., this 19th day of April, 2006
/s/ Elliott S. Kushner
_______________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-58,236
NATICK PAPERBOARD CORPORATION
PAPERBOARD MILL DIVISION
NATICK, MASSACHUSETTS
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 October 31, 2005, in
response to a petition filed by United Steelworkers of America,
Local 516 on behalf of workers of Natick Paperboard Corporation,
Natick, Massachusetts. The workers produce recycled paperboard for
the book, binding and game industries.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) have not been met.
The subject firm did not import recycled paperboard, nor did
it shift production abroad.
The Department of Labor surveyed the subject firm’s major
customers regarding their purchases of recycled paperboard in 2003,
2004, and January through November 2005. The survey revealed that
although customers did import finished products of which recycled
paperboard was a component, they did not import recycled paperboard
itself, or products like or directly competitive with it, 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.
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 Natick Paperboard
Corporation, Natick, Massachusetts 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 9th day of February 2006
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance