Petitioner Type: Workers
Impact Date: 01/31/2005
Filed Date: 01/31/2006
Most Recent Update: 03/10/2006
Determination Date: 03/10/2006
Expiration Date: 03/10/2008
Employment and Training Administration
TA-W-58,763
SPARTECH POLYCOM
DONORA PLANT #2
COMPOUNDING DIVISION
DONORA, PENNSYLVANIA
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, 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.
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)(B) of
Section 222 have been met.
The investigation was initiated on January 31, 2006, in
response to a petition filed on behalf of workers of Spartech
Polycom, Donora Plant #2, Compounding Division, Donora,
Pennsylvania. Workers at the subject firm produce thermoplastic
compounds.
The investigation revealed that employment at the subject firm
decreased from fiscal year 2004 to fiscal year 2005.
Furthermore, the investigation revealed that one line of
thermoplastic compound production shifted from the subject firm,
Donora, Pennsylvania to a country (Mexico) that is a party to a
free trade agreement with the United States.
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 criterion 2 has not been
met.
The investigation revealed that workers in the workers' firm
possess skills that are easily transferable.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that there was a shift in production
from the workers' firm or subdivision to Mexico of articles that
are like or directly competitive with those produced by the subject
firm or subdivision. In accordance with the provisions of the Act,
I make the following certification:
"All workers of Spartech Polycom, Donora Plant #2, Compounding
Division, Donora, Pennsylvania who became totally or partially
separated from employment on or after January 31, 2005 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
"I further determine that all workers of Spartech Polycom,
Donora Plant #2, Compounding Division, Donora, Pennsylvania 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 10th day of March 2006.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance