Petitioner Type: Workers
Impact Date:
Filed Date: 03/30/2006
Most Recent Update: 05/10/2006
Determination Date: 05/10/2006
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-59,118
THOMSON, INC.
CIRCLEVILLE, OHIO
Notice of Termination of Investigation
On October 27, 2006, the U.S. Court of International Trade
(USCIT) granted the Department of Labor's consent motion for
voluntary remand in Former Employees of Thomson, Inc. v. United
States, Court No. 06-0266.
On March 24, 2006, three workers filed a petition for Trade
Adjustment Assistance (TAA) and Alternative Trade Adjustment
Assistance (ATAA) on behalf of workers and former workers of
Thomson, Inc., Circleville, Ohio. The petition stated that the
subject workers’ task was “decommission facility,” that the
facility closed on June 25, 2004, that the subject facility was
previously certified (TA-W-52,274; expired), and that the
“remaining employees should be considered for benefits.”
On May 10, 2006, the Department of Labor (Department)
issued a negative determination regarding the subject worker
group’s eligibility to apply for TAA and ATAA, stating that the
workers do not produce an article within the meaning of the
Trade Act of 1974. The Department’s Notice of determination was
published in the Federal Register on May 24, 2006 (71 FR 29984).
In a letter dated May 24, 2006, three workers requested
administrative reconsideration by the Department. The workers
implied that because the petitioning worker group is part of the
group certified under TA-W-52,274 and remained working at the
subject facility after production ceased and beyond the
certification period for TA-W-52,274 (August 7, 2005), they
should be considered eligible to apply for TAA and ATAA.
By letter dated June 19, 2006, the Department dismissed the
workers’ request for reconsideration. The Department’s Notice
of dismissal was issued in June 20, 2006 and published in the
Federal Register on July 6, 2006 (71 FR 38425).
In a letter dated August 1, 2006, the workers requested
judicial review. In the complaint, the workers stated that the
subject firm ceased operations in April 2004, that they were
employed past April 2004 to “perform mandated requirements under
the Cessation of Regulations Operations,” and “our jobs were
lost to foreign competition the same as the other employees of
Thomson, Inc. in Circleville, Ohio.” In response to the
complaint, the Department filed an administrative record.
The Department subsequently moved for a voluntary remand,
so that the Department could conduct a further review and make a
redetermination of eligibility. On October 27, 2006, the
Department’s motion was granted.
During the initial investigation for this petition, the
Department was informed by a company official that the subject
workers were employed in order for the company to satisfy a
State-mandated plant closure process. This process required the
company to submit a “Cessation of Regulated Operations” (CRO)
plan that addressed the removal of all hazardous materials. The
State-approved CRO plan required an 18-month implementation
schedule. The subject facility ceased production in April 2004
and entered the CRO phase in June 2004.
After careful review during the remand investigation, the
Department determines that the workers who continued their
employment with the subject firm to execute the CRO plan and
complete shutdown functions are part of the worker group covered
by TA-W-52,274. The Department’s determination is based on the
causal nexus between the subject facility’s closure and the
workers’ separations.
On March 8, 2005, the Department issued a certification of
eligibility to apply for ATAA under petition TA-W-52,274. The
Department’s Notice was published in the Federal Register on
April 1, 2005 (70 FR 16851).
On January 25, 2007, the Department amended the TAA/ATAA
certification of TA-W-52,274 to cover workers of the subject
firm separated from employment on or after June 27, 2002 through
December 31, 2006.
Since the subject workers are covered by TA-W-52-274,
further investigation in this case would serve no purpose and
the investigation has been terminated.
Conclusion
After careful review of the findings of the remand
investigation, I am terminating the investigation of the
petition for worker adjustment assistance filed on behalf of
workers and former workers of Thomson, Inc., Circleville, Ohio.
Signed at Washington, D.C. this 25th day of January 2007
/s/ Elliott S. Kushner
_________________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-59,118
THOMSON, INC.
CIRCLEVILLE, OHIO
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 March 30, 2006 in response to a petition filed on
behalf of workers of Thomson, Inc., Circleville, Ohio. The workers performed shutdown
operations related to the closure of the subject facility which formerly produced glass faceplates
for televisions.
The investigation revealed that the subject facility 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
subject worker group does not support a firm or appropriate subdivision that has produced an
article domestically in the last year 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 Thomson, Inc., Circleville, Ohio 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 10th day of May 2006
/s/Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance
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Employment and Training Administration
TA-W-59,118
THOMSON, INC.
CIRCLEVILLE, OHIO
Notice of Termination of Investigation
On October 27, 2006, the U.S. Court of International Trade
(USCIT) granted the Department of Labor's consent motion for
voluntary remand in Former Employees of Thomson, Inc. v. United
States, Court No. 06-0266.
On March 24, 2006, three workers filed a petition for Trade
Adjustment Assistance (TAA) and Alternative Trade Adjustment
Assistance (ATAA) on behalf of workers and former workers of
Thomson, Inc., Circleville, Ohio. The petition stated that the
subject workers’ task was “decommission facility,” that the
facility closed on June 25, 2004, that the subject facility was
previously certified (TA-W-52,274; expired), and that the
“remaining employees should be considered for benefits.”
On May 10, 2006, the Department of Labor (Department)
issued a negative determination regarding the subject worker
group’s eligibility to apply for TAA and ATAA, stating that the
workers do not produce an article within the meaning of the
Trade Act of 1974. The Department’s Notice of determination was
published in the Federal Register on May 24, 2006 (71 FR 29984).
In a letter dated May 24, 2006, three workers requested
administrative reconsideration by the Department. The workers
implied that because the petitioning worker group is part of the
group certified under TA-W-52,274 and remained working at the
subject facility after production ceased and beyond the
certification period for TA-W-52,274 (August 7, 2005), they
should be considered eligible to apply for TAA and ATAA.
By letter dated June 19, 2006, the Department dismissed the
workers’ request for reconsideration. The Department’s Notice
of dismissal was issued in June 20, 2006 and published in the
Federal Register on July 6, 2006 (71 FR 38425).
In a letter dated August 1, 2006, the workers requested
judicial review. In the complaint, the workers stated that the
subject firm ceased operations in April 2004, that they were
employed past April 2004 to “perform mandated requirements under
the Cessation of Regulations Operations,” and “our jobs were
lost to foreign competition the same as the other employees of
Thomson, Inc. in Circleville, Ohio.” In response to the
complaint, the Department filed an administrative record.
The Department subsequently moved for a voluntary remand,
so that the Department could conduct a further review and make a
redetermination of eligibility. On October 27, 2006, the
Department’s motion was granted.
During the initial investigation for this petition, the
Department was informed by a company official that the subject
workers were employed in order for the company to satisfy a
State-mandated plant closure process. This process required the
company to submit a “Cessation of Regulated Operations” (CRO)
plan that addressed the removal of all hazardous materials. The
State-approved CRO plan required an 18-month implementation
schedule. The subject facility ceased production in April 2004
and entered the CRO phase in June 2004.
After careful review during the remand investigation, the
Department determines that the workers who continued their
employment with the subject firm to execute the CRO plan and
complete shutdown functions are part of the worker group covered
by TA-W-52,274. The Department’s determination is based on the
causal nexus between the subject facility’s closure and the
workers’ separations.
On March 8, 2005, the Department issued a certification of
eligibility to apply for ATAA under petition TA-W-52,274. The
Department’s Notice was published in the Federal Register on
April 1, 2005 (70 FR 16851).
On January 25, 2007, the Department amended the TAA/ATAA
certification of TA-W-52,274 to cover workers of the subject
firm separated from employment on or after June 27, 2002 through
December 31, 2006.
Since the subject workers are covered by TA-W-52-274,
further investigation in this case would serve no purpose and
the investigation has been terminated.
Conclusion
After careful review of the findings of the remand
investigation, I am terminating the investigation of the
petition for worker adjustment assistance filed on behalf of
workers and former workers of Thomson, Inc., Circleville, Ohio.
Signed at Washington, D.C. this 25th day of January 2007
/s/ Elliott S. Kushner
_________________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-59,118
THOMSON, INC.
CIRCLEVILLE, OHIO
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 March 30, 2006 in response to a petition filed on
behalf of workers of Thomson, Inc., Circleville, Ohio. The workers performed shutdown
operations related to the closure of the subject facility which formerly produced glass faceplates
for televisions.
The investigation revealed that the subject facility 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
subject worker group does not support a firm or appropriate subdivision that has produced an
article domestically in the last year 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 Thomson, Inc., Circleville, Ohio 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 10th day of May 2006
/s/Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance
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