Petitioner Type: Workers
Impact Date:
Filed Date: 10/26/2006
Most Recent Update: 01/19/2007
Determination Date: 01/19/2007
Expiration Date:
Employment and Training Administration
TA-W-60,305
STEVEN LABELS, INC.
MAIN PLANT
SANTA FE SPRINGS, CALIFORNIA
TA-W-60,305A
STEVEN LABELS, INC.
MEMBRANE PLANT
SANTA FE SPRINGS, CALIFORNIA
TA-W-60,305B
STEVEN LABELS, INC.
ROLL LABEL PLANT
SANTA FE SPRINGS, CALIFORNIA
Notice of 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.
Main Plant (TA-W-60,305)
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 for the workers of Steven Labels, Inc.,
Main Plant, Santa Fe Springs, California (TA-W-60,305).
The investigation was initiated on October 26, 2006, in
response to a petition filed on behalf of workers at Steven Labels,
Inc., Santa Fe Springs, California. The workers of the subject
firm produce labels (overlays, name-plates, and sheet labels in the
Main Plant (TA-W-60,305). The workers are not separately
identifiable within this plant.
The declines in employment at the Main Plant (TA-W-60,305) are
related to a shift in production of sheet labels 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 the workers (Main Plant)
possess skills that are easily transferable.
Membrane Plant (TA-W-60,305A) and Roll Label Plant (TA-W-60,305B)
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
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 October 26, 2006, in
response to a petition filed on behalf of workers at Steven Labels,
Inc., Santa Fe Springs, California. The workers of the subject
firm produce membrane switches in the Membrane Plant (TA-W-
60,305A); and roll labels in the Roll Label Plant (TA-W-60,305B).
Membrane Plant (TA-W-60,305A):
The investigation revealed that criteria (I.A) and (II.A) have
not been met with regard to workers at the subject firm's Membrane
Plant (TA-W-60,305A):
The investigation revealed that the subject facility did not
separate or threaten to separate a significant number or proportion
of workers as required by Section 222 of the Trade Act of 1974.
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, or at least 50 workers.
Roll Label Plant (TA-W-60,305B):
The investigation regarding the Roll Label Plant (TA-W-
60,305B) revealed that criteria (a)(2)(A)(I.C) and (a)(2)(B)(II.B)
were not met.
The investigation revealed that the subject firm did not
increase its imports of roll labels from 2004 to 2005, nor during
the period of January through October 2006 when compared to the
same period in 2005.
The Department of Labor surveyed the subject firm's major
declining customers regarding their purchases of roll labels in
2004, 2005, and January through October 2006. That survey revealed
no imports of roll labels during the relevant period.
The investigation also revealed that some of the decline in
sales experienced by the subject facility resulted from losses of
sales in the export market.
Furthermore, the investigation revealed that the subject firm
did not shift production of roll labels abroad during 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 in the Membrane Plant and the Roll Labels Plant are denied
eligibility to apply for TAA, the workers in those plants cannot be
certified eligible for ATAA.
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 for the workers of Steven
Labels, Inc., Main Plant, Santa Fe Springs, California (TA-W-
60,305):
"All workers of Steven Labels, Inc., Main Plant, Santa Fe
Springs, California (TA-W-60,305), 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"; and
I further determine that all workers of Steven Labels, Inc.,
Main Plant, Santa Fe Springs, California (TA-W-60,305), are denied
eligibility to apply for alternative trade adjustment assistance
under Section 246 of the Trade Act of 1974;
After careful review, I also determine that workers of Steven
Labels, Inc., Membrane Plant Santa Fe Springs, California (TA-W-
60,305A) and Steven Labels, Inc., Roll Labels Plant, Santa Fe
Springs, California (TA-W-60,350B), 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 19th day of January, 2007
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance