Petitioner Type: Company
Impact Date: 04/22/2005
Filed Date: 11/04/2005
Most Recent Update: 03/17/2006
Determination Date: 03/17/2006
Expiration Date: 03/17/2008
Employment and Training Administration
TA-W-58,273
ELMER'S PRODUCTS INC.
BAINBRIDGE, NEW YORK
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 November 4, 2005, in
response to a petition filed by a company official on behalf of
workers at Elmer's Products, Inc., Bainbridge, New York. The
workers were engaged in activities related to the production of
adhesives (production, packaging and support functions related
to that packaging).
Workers of the subject firm were certified eligible to
apply for adjustment assistance under petition number TA-W-
50,847, which expired April 21, 2005.
The investigation revealed that employment declines at the
subject firm are attributable to a shift in production of
product packaging lines to Canada, a country that is party to a
free trade agreement with the United States.
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.
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 workers possess skills
that are easily transferable.
Conclusion
After careful review of the facts obtained in the
investigation, I conclude that there was a shift in production
from the workers' firm or subdivision to Canada of articles that
are like or directly competitive with those produced by the
subject firm or subdivision. In accordance with the provisions
of the Act, I make the following certification:
"All workers of Elmer's Products, Inc., Bainbridge, New
York, who became totally or partially separated from
employment on or after April 22, 2005 through two years
from the date of certification are eligible to apply for
adjustment assistance under Section 223 of the Trade Act of
1974, as amended."
Signed in Washington, D.C., this 17th day of March 2006.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance