Petitioner Type: Company
Impact Date:
Filed Date: 02/01/2006
Most Recent Update: 03/07/2006
Determination Date: 03/07/2006
Expiration Date:
Employment and Training Administration
TA-W-58,772
PGP CORPORATION
VOSS-LANTZ DIVISION
DETROIT, MICHIGAN
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 (19
USC 2273), as amended, the Department of Labor herein presents the
results of an investigation regarding certification of eligibility
to apply for worker adjustment assistance as an adversely affected
secondary group.
An investigation was conducted in order to determine whether
the petitioning group of workers qualify as adversely affected
secondary workers acting as downstream producers for a firm or
subdivision primarily affected by increased imports from Canada or
Mexico or a shift of production to Canada or Mexico.
In order to make an affirmative determination and issue a
certification of eligibility to apply for adjustment assistance,
the following group eligibility requirements under Section 222(b)
must be met:
(1) a significant number or proportion of the workers in the
workers' firm or an appropriate subdivision of the firm
have become totally or partially separated, or are
threatened to become totally or partially separated;
(2) the workers' firm (or subdivision) is a supplier or
downstream producer to a firm (or subdivision) that
employed a group of workers who received a certification
of eligibility to apply for trade adjustment assistance
benefits and such supply or production is related to the
article that was the basis for such certification; and
(3) either-
(A) the workers' firm is a supplier and the component
parts it supplied for the firm (or subdivision) described
in paragraph (2) accounted for at least 20 percent of the
production or sales of the workers' firm; or
(B) a loss of business by the workers' firm with the firm
(or subdivision) described in paragraph (2) contributed
importantly to the workers' separation or threat of
separation.
The investigation was initiated on February 1, 2006, in
response to a petition filed on behalf of workers of PGP
Corporation, Voss-Lantz Division, Detroit, Michigan. The workers
were engaged in employment related to the pickling and slitting of
carbon steel coils for steel manufacturing firms.
The investigation revealed that criterion (2) was not met.
Petitioners allege that job losses were due to their firm
losing business as a finisher for firms that shifted production
abroad or were affected by increased imports. The investigation
revealed, however, that there are no existing certifications for
trade adjustment assistance for the customers of the subject firm.
The petitioner stated that the subject firm "supplied
component parts for articles produced by a firm with a currently
TAA certified worker group." That is not the case. The subject
firm was a finisher, not a supplier. It finished carbon steel
coils supplied to it by steel manufacturers, who retained ownership
of the steel which, after finishing, went to stamping plants
involved in the production of automobiles. The customers of the
subject firm were the steel manufacturers, not the automobile
manufacturers.
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 covered by
this petition of PGP Corporation, Voss-Lantz Division, Detroit,
Michigan, do not qualify as adversely affected secondary workers
and are denied eligibility to apply for adjustment assistance under
section 223(b) 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 7th day of March 2006.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance