Petitioner Type: Union
Impact Date: 10/16/2005
Filed Date: 10/25/2006
Most Recent Update: 11/08/2006
Determination Date: 11/08/2006
Expiration Date: 11/08/2008
Employment and Training Administration
TA-W-60,294
PMP FERMENTATION PRODUCTS, INC.
PEORIA, ILLINOIS
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 (19
USC 2273), the Department of Labor herein presents the results of
its 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)(A) of
Section 222 have been met.
The investigation was initiated in response to a petition
received on October 25, 2006 and filed by the United Auto Workers,
Local 974 on behalf of workers of PMP Fermentation Products, Inc.,
Peoria, Illinois. The workers at the subject firm are engaged in
the production of sodium erthorbate.
The investigation revealed that sales, production and
employment declined from 2004 to 2005 and during the period of
January through October 2006 over the corresponding 2005 period.
The investigation also revealed that the company increased
their imports of sodium erthorbate during the relevant period under
investigation.
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 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 (1) has not
been met.
The investigation revealed a significant number of workers in
the workers' firm are not 50 years of age or older.
Significant number or proportion of the workers in a firm or
appropriate subdivision means at least three workers in a workforce
of fewer than 50 workers, five percent of the workers in a
workforce of over 50 workers.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with sodium erthorbate produced by PMP
Fermentation Products, Inc., Peoria, Illinois, contributed
importantly to the total or partial separation of workers and to
the decline in sales or production at that firm or subdivision. In
accordance with the provisions of the Act, I make the following
certification:
"All workers PMP Fermentation Products, Inc., Peoria,
Illinois, who became totally or partially separated from
employment on or after October 16, 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."
I further determine that all workers of PMP Fermentation
Products, Inc., Peoria, Illinois 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 8th day of November, 2006.
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance