Petitioner Type: Workers
Impact Date: 11/15/2004
Filed Date: 11/23/2005
Most Recent Update: 04/19/2006
Determination Date: 04/19/2006
Expiration Date: 04/19/2008
Employment and Training Administration
TA-W-58,397
J.S. MCCARTHY CO., INC.
AUGUSTA, MAINE
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), as amended, the Department of Labor herein presents the
results of its 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)(A) of
Section 222 have been met.
The investigation was initiated on November 23, 2005, in
response to a petition filed on behalf of workers of J.S. McCarthy
Co., Inc., Augusta, Maine. The workers produced printed material.
The investigation revealed that sales and employment declined
during the relevant period.
The Department of Labor surveyed the subject firms' major
declining customer regarding their purchases of printed material
during 2003, 2004 and January through November 2005 over the
corresponding 2004 period. The survey revealed that a major
customer increased their imports 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.
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 criteria (2) has not
been met.
The investigation revealed that the workers at J.S. McCarthy
Co., Inc. possess skills that are easily transferable.
Conclusion
After careful review of the facts obtained in the
investigation, I conclude that increases of imports of printed
material produced by J.S. McCarthy Co., Inc., Augusta, Maine
contributed importantly to the total or partial separation of
workers and to the decline in sales or production at that firm or
subdivision.
In accordance with the provisions of the Act, I make the
following certification:
"All workers of at J.S. McCarthy Co., Inc., Augusta, Maine,
who became totally or partially separated from employment on
or after November 15, 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."
I further determine that all workers of J.S. McCarthy Co.,
Inc., Augusta, Maine 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 19th day of April, 2006.
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance