Petitioner Type: Union
Impact Date: 11/15/2004
Filed Date: 11/25/2005
Most Recent Update: 03/17/2006
Determination Date: 03/17/2006
Expiration Date: 03/17/2008
Employment and Training Administration
TA-W-58,407
FRANKLIN INDUSTRIES COMPANY
FRANKLIN, PENNSYLVANIA
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
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 25, 2005 in
response to a petition filed by the United Steelworkers of America,
Local 2229 on behalf of workers of Franklin Industries Company,
Franklin, Pennsylvania. The workers produce fence posts.
The investigation revealed employment, sales and production
all declined in January through October 2005 compared with January
through October 2004.
The Department of Labor surveyed the subject firm's major
customers regarding their purchases of fence posts in 2003, 2004
and January through October 2005. The survey revealed increases in
customer imports of this product during the relevant period.
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 increases of imports of articles
like or directly competitive with fence posts produced at Franklin
Industries Company, Franklin, Pennsylvania 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 Franklin Industries Company, Franklin,
Pennsylvania 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, and are also eligible 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 March 2006
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance