DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-61,178

OWENS ILLINOIS
HAYWARD, CALIFORNIA

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 26, 2007 in
response to a petition filed by a company official on behalf of
workers at Owens Illinois, Hayward, California. Workers at the
Hayward plant were engaged in warehousing of wine bottles
imported from Mexico and China.
Workers of the subject facility were certified eligible to
apply for trade adjustment assistance based on a shift in
production of wine bottles to a county (Canada) with a free
trade agreement. The certification expired on May 27, 2006.
In order to be considered eligible to apply for adjustment
assistance under Section 223 of the Trade Act of 1974, the
worker group currently seeking certification (or on whose behalf
certification is being sought) must work for a "firm" or
appropriate subdivision that produces an article domestically
and there must be a relationship between the workers' work and
the article produced by the workers' firm or appropriate
subdivision. The investigation revealed that domestic
production of an article at the domestic facilities supported by
the Hayward workers ceased more than one year ago. Thus the
shipping and distribution work performed at Hayward was not in
support of domestic production within the requisite one year
period, and the worker group cannot 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 the Owens
Illinois, Hayward, California, 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 18th day of April 2007

/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance