Petitioner Type: Workers
Impact Date:
Filed Date: 12/27/2005
Most Recent Update: 01/10/2006
Determination Date: 01/10/2006
Expiration Date:
Employment and Training Administration
TA-W-58,547
NICHOLSON MANUFACTURING COMPANY
A SUBSIDIARY OF NORTHERN INDUSTRIAL
SEATTLE, WASHINGTON
Negative Determination 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 December 26, 2005 in
response to a petition filed on behalf of workers of Nicholson
Manufacturing Company, a subsidiary of Northern Industrial,
Seattle, Washington. The workers performed engineering services in
support of a manufacturing facility producing debarking machines
abroad, and also performed administrative services such as
accounting, advertising, and sales.
The investigation revealed that Nicholson Manufacturing
Company, a subsidiary of Northern Industrial, Seattle, Washington,
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 engineering
and administrative service workers 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 the
investigation, I determine that all workers of Nicholson
Manufacturing Company, a subsidiary of Northern Industrial,
Seattle, Washington are denied eligibility to apply for adjustment
assistance under Section 223 of the Trade Act of 1974, and are also
denied eligibility to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974.
Signed in Washington, D.C., this 9th day of January 2006.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance