Petitioner Type: Union
Impact Date:
Filed Date: 06/08/2006
Most Recent Update: 08/04/2006
Determination Date: 08/04/2006
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-59,533
YAKIMA RESOURCES, LLC
YAKIMA, WASHINGTON
Notice of Negative Determination
on Reconsideration
On September 12, 2006, the Department issued an Affirmative
Determination Regarding Application for Reconsideration for the
workers and former workers of Yakima Resources, LLC, Yakima,
Washington (the subject firm). The Department’s Notice of
Affirmative Determination was published in the Federal Register
on September 21, 2006 (71 FR 55219). Workers produce plywood.
The petition for the workers of the subject firm was denied
because there was no shift of production and the “contributed
importantly” group eligibility requirement of Section 222 of the
Trade Act of 1974, as amended, was not met. The “contributed
importantly” test is generally demonstrated through increased
imports by the subject firm or its customers. The investigation
revealed neither a shift of production abroad nor an increase in
imports of plywood during the relevant period.
In the request for reconsideration, the Western Council of
Industrial Workers, United Brotherhood of Carpenters and Joiners
of America (the Union) alleged that the Department had failed to
investigate increased imports of oriented strand board (OSB),
which is like and directly competitive with plywood.
During the reconsideration investigation, the Department
asked both the subject firm and the subject firm’s sole customer
of plywood whether they had increased import purchases of OSB.
Both respondents answered in the negative.
In order for the Department to issue a certification of
eligibility to apply for Alternative Trade Adjustment Assistance
(ATAA), the subject worker group must be certified eligible to
apply for Trade Adjustment Assistance (TAA). Since the subject
workers are denied eligibility to apply for TAA, the workers
cannot be certified eligible for ATAA.
Conclusion
After careful reconsideration, I affirm the original notice
of negative determination of eligibility to apply for worker
adjustment assistance for workers and former workers of Yakima
Resources, LLC, Yakima, Washington.
Signed at Washington, D.C. this 28th day of September 2006
/s/ Elliott S. Kushner
___________________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
4510-30-P
U.S. DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-59,533
YAKIMA RESOURCES, LLC
YAKIMA, WASHINGTON
Notice of Affirmative Determination
Regarding Application for Reconsideration
By application dated August 17, 2006, the Western Council of
Industrial Workers, United Brotherhood of Carpenters and Joiners
of America (Union), requested administrative reconsideration of
the Department of Labor’s Notice of Negative Determination
Regarding Eligibility to Apply for Worker Adjustment Assistance,
applicable to workers of the subject firm. The Department’s
determination was issued on August 4, 2006. The Department’s
Notice of determination was published in the Federal Register on
August 16, 2006 (71 FR 47253).
The denial was based on the Department’s findings that,
during the relevant period, the subject company did not import
plywood or shift production of plywood overseas and that the
subject company’s only customer did not import plywood.
The Union requests that the Department investigate whether
the subject company or its customers imported oriented strand
board (OSB), a product which is like and directly competitive
with plywood.
The Department has carefully reviewed the Union’s request
for reconsideration and has determined that the Department will
conduct further investigation.
Conclusion
After careful review of the application, I conclude that the
claim is of sufficient weight to justify reconsideration of the
Department of Labor's prior decision. The application is,
therefore, granted.
Signed at Washington, D.C., this 12th day of September 2006
/s/ Elliott S. Kushner_________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
4510-30-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-59,533
YAKIMA RESOURCES, LLC
YAKIMA, WASHINGTON
Negative Determinations 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 group eligibility
requirements for directly-impacted (primary) workers under Section
222(a) the Trade Act of 1974, as amended, can be satisfied in
either of two ways:
I. Section (a)(2)(A) all of the following must be satisfied:
A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm,
have become totally or partially separated, or are
threatened to become totally or partially separated;
B. the sales or production, or both, of such firm or
subdivision have decreased absolutely; and
C. increased imports of articles like or directly competitive
with articles produced by such firm or subdivision have
contributed importantly to such workers’ separation or
threat of separation and to the decline in sales or
production of such firm or subdivision; or
II. Section (a)(2)(B) both of the following must be satisfied:
A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the
firm, have become totally or partially separated, or are
threatened to become totally or partially separated;
B. there has been a shift in production by such workers’ firm
or subdivision to a foreign country of articles like or
directly competitive with articles which are produced by
such firm or subdivision; and
C. One of the following must be satisfied:
1. the country to which the workers’ firm has shifted
production of the articles is a party to a free trade
agreement with the United States;
2. the country to which the workers’ firm has shifted
production of the articles is a beneficiary country
under the Andean Trade Preference Act, African Growth
and Opportunity Act, or the Caribbean Basin Economic
Recovery Act; or
3. there has been or is likely to be an increase in
imports of articles that are like or directly
competitive with articles which are or were produced
by such firm or subdivision.
The investigation was initiated on June 8, 2006 in response to
a petition filed by the Western Council of Industrial Workers,
Local 2739, on behalf of workers of Yakima Resources LLC, Yakima,
Washington. Workers in the subject worker group were certified
eligible to apply for adjustment assistance (TA-W-52,912). This
certification expired on 3/8/06.
This investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) have not been met.
The subject firm did not import plywood in 2004, 2005 or
January through April, 2006, nor did it shift production to a
foreign country in those periods.
The Department of Labor surveyed the subject facility’s only
customer regarding purchases of plywood during the period under
investigation. The survey revealed the customer did not import in
the relevant period.
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 Yakima Resources LLC,
Yakima, 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 4th day of August 2006
/s/Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance
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Employment and Training Administration
TA-W-59,533
YAKIMA RESOURCES, LLC
YAKIMA, WASHINGTON
Notice of Negative Determination
on Reconsideration
On September 12, 2006, the Department issued an Affirmative
Determination Regarding Application for Reconsideration for the
workers and former workers of Yakima Resources, LLC, Yakima,
Washington (the subject firm). The Department’s Notice of
Affirmative Determination was published in the Federal Register
on September 21, 2006 (71 FR 55219). Workers produce plywood.
The petition for the workers of the subject firm was denied
because there was no shift of production and the “contributed
importantly” group eligibility requirement of Section 222 of the
Trade Act of 1974, as amended, was not met. The “contributed
importantly” test is generally demonstrated through increased
imports by the subject firm or its customers. The investigation
revealed neither a shift of production abroad nor an increase in
imports of plywood during the relevant period.
In the request for reconsideration, the Western Council of
Industrial Workers, United Brotherhood of Carpenters and Joiners
of America (the Union) alleged that the Department had failed to
investigate increased imports of oriented strand board (OSB),
which is like and directly competitive with plywood.
During the reconsideration investigation, the Department
asked both the subject firm and the subject firm’s sole customer
of plywood whether they had increased import purchases of OSB.
Both respondents answered in the negative.
In order for the Department to issue a certification of
eligibility to apply for Alternative Trade Adjustment Assistance
(ATAA), the subject worker group must be certified eligible to
apply for Trade Adjustment Assistance (TAA). Since the subject
workers are denied eligibility to apply for TAA, the workers
cannot be certified eligible for ATAA.
Conclusion
After careful reconsideration, I affirm the original notice
of negative determination of eligibility to apply for worker
adjustment assistance for workers and former workers of Yakima
Resources, LLC, Yakima, Washington.
Signed at Washington, D.C. this 28th day of September 2006
/s/ Elliott S. Kushner
___________________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
4510-30-P
U.S. DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-59,533
YAKIMA RESOURCES, LLC
YAKIMA, WASHINGTON
Notice of Affirmative Determination
Regarding Application for Reconsideration
By application dated August 17, 2006, the Western Council of
Industrial Workers, United Brotherhood of Carpenters and Joiners
of America (Union), requested administrative reconsideration of
the Department of Labor’s Notice of Negative Determination
Regarding Eligibility to Apply for Worker Adjustment Assistance,
applicable to workers of the subject firm. The Department’s
determination was issued on August 4, 2006. The Department’s
Notice of determination was published in the Federal Register on
August 16, 2006 (71 FR 47253).
The denial was based on the Department’s findings that,
during the relevant period, the subject company did not import
plywood or shift production of plywood overseas and that the
subject company’s only customer did not import plywood.
The Union requests that the Department investigate whether
the subject company or its customers imported oriented strand
board (OSB), a product which is like and directly competitive
with plywood.
The Department has carefully reviewed the Union’s request
for reconsideration and has determined that the Department will
conduct further investigation.
Conclusion
After careful review of the application, I conclude that the
claim is of sufficient weight to justify reconsideration of the
Department of Labor's prior decision. The application is,
therefore, granted.
Signed at Washington, D.C., this 12th day of September 2006
/s/ Elliott S. Kushner_________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
4510-30-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-59,533
YAKIMA RESOURCES, LLC
YAKIMA, WASHINGTON
Negative Determinations 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 group eligibility
requirements for directly-impacted (primary) workers under Section
222(a) the Trade Act of 1974, as amended, can be satisfied in
either of two ways:
I. Section (a)(2)(A) all of the following must be satisfied:
A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm,
have become totally or partially separated, or are
threatened to become totally or partially separated;
B. the sales or production, or both, of such firm or
subdivision have decreased absolutely; and
C. increased imports of articles like or directly competitive
with articles produced by such firm or subdivision have
contributed importantly to such workers’ separation or
threat of separation and to the decline in sales or
production of such firm or subdivision; or
II. Section (a)(2)(B) both of the following must be satisfied:
A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the
firm, have become totally or partially separated, or are
threatened to become totally or partially separated;
B. there has been a shift in production by such workers’ firm
or subdivision to a foreign country of articles like or
directly competitive with articles which are produced by
such firm or subdivision; and
C. One of the following must be satisfied:
1. the country to which the workers’ firm has shifted
production of the articles is a party to a free trade
agreement with the United States;
2. the country to which the workers’ firm has shifted
production of the articles is a beneficiary country
under the Andean Trade Preference Act, African Growth
and Opportunity Act, or the Caribbean Basin Economic
Recovery Act; or
3. there has been or is likely to be an increase in
imports of articles that are like or directly
competitive with articles which are or were produced
by such firm or subdivision.
The investigation was initiated on June 8, 2006 in response to
a petition filed by the Western Council of Industrial Workers,
Local 2739, on behalf of workers of Yakima Resources LLC, Yakima,
Washington. Workers in the subject worker group were certified
eligible to apply for adjustment assistance (TA-W-52,912). This
certification expired on 3/8/06.
This investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) have not been met.
The subject firm did not import plywood in 2004, 2005 or
January through April, 2006, nor did it shift production to a
foreign country in those periods.
The Department of Labor surveyed the subject facility’s only
customer regarding purchases of plywood during the period under
investigation. The survey revealed the customer did not import in
the relevant period.
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 Yakima Resources LLC,
Yakima, 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 4th day of August 2006
/s/Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance
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