Petitioner Type: State
Impact Date: 12/15/2004
Filed Date: 12/16/2005
Most Recent Update: 01/12/2006
Determination Date: 01/12/2006
Expiration Date: 01/12/2008
Employment and Training Administration
TA-W-58,508
OCCIDENTAL CHEMICAL CORPORATION (OXYCHEM)
A SUBSIDIARY OF OCCIDENTAL PETROLEUM CORPORATION
NEW CASTLE, DELAWARE
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 December 16, 2005 in
response to a petition filed by a state workforce representative on
behalf of workers at Occidental Chemical Corporation(OxyChem), a
subsidiary of Occidental Petroleum Corporation, New Castle,
Delaware. The workers at the subject firm produced chlorine.
The investigation revealed that production and employment at
the subject firm decreased during the relevant period.
The Department of Labor surveyed the subject firm's major
declining customer regarding its purchases of chlorine. The survey
revealed increased customer imports of chlorine from 2004 to 2005.
In addition, in accordance with Section 246 of 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 an increase in imports of articles
like or directly competitive with chlorine produced at the subject
firm 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 Occidental Chemical Corporation (OxyChem), a
subsidiary of Occidental Petroleum Corporation, New Castle,
Delaware, who became totally or partially separated from
employment on or after December 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 12th day of January 2006.
/s/ Elliott S. Kushner
_______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance