Petitioner Type: Workers
Impact Date:
Filed Date: 11/02/2005
Most Recent Update: 11/17/2005
Determination Date: 11/17/2005
Expiration Date:
Employment and Training Administration
TA-W-58,249
FMC IDAHO, LLC
A SUBSIDIARY OF FMC CORPORATION
FORMERLY ASTARIS, LLC
POCATELLO, IDAHO
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 investigation was initiated on November 2, 2005, in
response to a petition filed on behalf of workers of FMC Idaho,
LLC, a subsidiary of FMC Corporation, formerly Astaris, LLC,
Pocatello, Idaho. The workers are engaged in facility closure and
decontamination.
The investigation revealed that FMC Idaho, LLC, a subsidiary
of FMC Corporation, formerly Astaris, LLC, Pocatello, Idaho, does
not produce an article within the meaning of Section 222(a)(2) of
the Act. In order to be considered eligible to apply for
adjustment assistance under Section 223 of the Trade Act of 1974,
the worker group seeking certification (or on whose behalf
certification is being sought) must work for a "firm" or
appropriate subdivision that produces an article and there must be
a relationship between the workers' work and the article produced
by the workers' firm or appropriate subdivision. The facility
closure and decontamination workers described above do not support
a firm or appropriate subdivision that produces an article
domestically and thus the worker group can not be considered import
impacted or affected by a shift in production of an article.
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 this
investigation, I determine that all workers of FMC Idaho, LLC, a
subsidiary of FMC Corporation, formerly Astaris, LLC, Pocatello,
Idaho, are denied eligibility to apply for adjustment assistance
under Section 223 of the Trade Act of 1974, and 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 17th day of November 2005.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance