Petitioner Type: Workers
Impact Date:
Filed Date: 01/26/2006
Most Recent Update: 02/28/2006
Determination Date: 02/28/2006
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-58,728
U.S. SECURITY ASSOCIATES, INC.
WORKING ON-SITE AT TECHNEGLAS, INC.
PITTSTON, PENNSYLVANIA
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 January 26, 2006, in
response to a petition filed on behalf of workers of U.S. Security
Associates, Inc., working on-site at Techneglas, Inc., Pittston,
Pennsylvania. Workers of the subject firm were engaged in guard
services.
The investigation revealed that U.S. Security Associates,
Inc., working on-site at Techneglas, Inc., Pittston, Pennsylvania,
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. Workers
performing the guard services described above 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 during the relevant
period (from one year prior to the date on the petition of January
20, 2006).
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, I determine that all workers of U.S.
Security Associates, Inc., working on-site at Techneglas, Inc.,
Pittston, Pennsylvania are denied eligibility to apply for
adjustment assistance under Section 223 of the Trade Act of 1974,
and alternative trade adjustment assistance under Section 246 of
the Trade Act of 1974.
Signed in Washington, D.C., this 28th day of February 2006
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-58,728
U.S. SECURITY ASSOCIATES, INC.
WORKING ON-SITE AT TECHNEGLAS, INC.
PITTSTON, PENNSYLVANIA
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 January 26, 2006, in
response to a petition filed on behalf of workers of U.S. Security
Associates, Inc., working on-site at Techneglas, Inc., Pittston,
Pennsylvania. Workers of the subject firm were engaged in guard
services.
The investigation revealed that U.S. Security Associates,
Inc., working on-site at Techneglas, Inc., Pittston, Pennsylvania,
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. Workers
performing the guard services described above 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 during the relevant
period (from one year prior to the date on the petition of January
20, 2006).
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, I determine that all workers of U.S.
Security Associates, Inc., working on-site at Techneglas, Inc.,
Pittston, Pennsylvania are denied eligibility to apply for
adjustment assistance under Section 223 of the Trade Act of 1974,
and alternative trade adjustment assistance under Section 246 of
the Trade Act of 1974.
Signed in Washington, D.C., this 28th day of February 2006
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance