Petitioner Type: Union
Impact Date: 12/04/2005
Filed Date: 12/04/2006
Most Recent Update: 12/15/2006
Determination Date: 12/15/2006
Expiration Date: 12/15/2008
Employment and Training Administration
TA-W-60,528
SHERWOOD, HARSCO GASSERV
A SUBSIDIARY OF HARSCO CORPORATION
CURRENTLY KNOWN AS SHERWOOD VALVE LLC
NIAGARA FALLS, NEW YORK
Amended Certification 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), and Section 246 of the Trade Act of 1974 (26 USC
2813), as amended, the Department of Labor issued a Certification
Regarding Eligibility to Apply for Worker Adjustment Assistance
and a Negative Determination Regarding Eligibility to Apply for
Alternative Trade Adjustment Assistance on December 15, 2006,
applicable to workers of Sherwood, Harsco GasServ, a subsidiary
of Harsco Corporation, Niagara Falls, New York. The notice was
published in the Federal Register on December 27, 2006 (71 FR
77801).
At the request of a company official, the Department
reviewed the certification for workers of the subject firm. The
workers are engaged in employment related to the production of
precision valves used for gas and fluid control.
New information shows that on December 7, 2007, Taylor-
Wharton International purchased Sherwood, Harsco GasServ and is
currently known as Sherwood Valve LLC. The workers wages at the
subject firm are being reported under a separate Unemployment
Insurance (UI) tax account for Sherwood Valve LLC.
Accordingly, the Department is amending this certification
to properly reflect this matter.
The amended notice applicable to TA-W-60,528 is hereby
issued as follows:
"All workers of Sherwood, Harsco GasServ, a subsidiary of
Harsco Corporation, currently known as Sherwood Valve LLC,
Niagara Falls, New York, who became totally or partially
separated from employment on or after December 4, 2005,
through December 15, 2008, are eligible to apply for
adjustment assistance under Section 223 of the Trade Act of
1974 and are also eligible to apply for alternative trade
adjustment assistance under Section 246 of the Trade Act of
1974.”
Signed at Washington, D.C., this 12th day of September 2008
/s/ Linda G. Poole_______
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-60,528
SHERWOOD, HARSCO GASSERV
A SUSIDIARY OF HARSCO CORPORATION
NIAGARA FALLS, NEW YORK
Certification 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.
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 on December 12, 2006, in
response to a petition filed by United Automobile, Aerospace and
Agricultural Implement Workers of America, Local 686, Unit 4 on
behalf of workers of Sherwood, Harsco GasServ, a subsidiary of
Harsco Corporation, Niagara Falls, New York. The workers are
engaged in the production of precision valves used for gas and
fluid control.
All workers of Sherwood, Harsco GasServ, a subsidiary of
Harsco Corporation, Niagara Falls, New York, were previously
certified eligible to apply for adjustment assistance under
petition numbers TA-W-53,278A. The certification expired December
3, 2005.
The investigation determined that production and employment at
the subject facility declined from 2004 to 2005 and in January
through November 2006 compared to the preceding 2005 period.
The investigation also revealed that company imports of
precision valves used for gas and fluid control increased during in
relevant period.
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 group eligibility requirements
of Section 246 of the Trade Act must be met. The Department has
determined in this case that the requirements of Section 246 have
been met.
A significant number of workers at the firm are age 50 or over
and do not possess skills that are easily transferable.
Competitive conditions within the industry are adverse.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with precision valves used for gas and
fluid control produced by Sherwood, Harsco GasServ, a subsidiary of
Harsco Corporation, Niagara Falls, New York, 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 of Sherwood, Harsco GasServ, a subsidiary of
Harsco Corporation, Niagara Falls, New York, who became
totally or partially separated from employment on or after
December 4, 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 are also
eligible to apply for alternative trade adjustment assistance
under Section 246 of the Trade Act of 1974.”
Signed in Washington, D.C. this 15th day of December, 2006.
/s/Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
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