Petitioner Type: Company
Impact Date:
Filed Date: 04/03/2007
Most Recent Update: 04/12/2007
Determination Date: 04/12/2007
Expiration Date:
Other Worker Groups on This Petition
U.S. DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-61,237
ONEIDA LTD.
DISTRIBUTION FACILITY
SHERRILL, NEW YORK
TA-W-61,237A
ONEIDA LTD
SALES OFFICE
ONEIDA, NEW YORK
Dismissal of Application for Reconsideration
Pursuant to 29 CFR 90.18(C) an application for
administrative reconsideration was filed with the Director of the
Division of Trade Adjustment Assistance for workers at Oneida
Ltd, Distribution Facility, Sherrill, New York and Oneida Ltd,
Sales Office, Oneida, New York. The application did not contain
new information supporting a conclusion that the determination
was erroneous, and also did not provide a justification for
reconsideration of the determination that was based on either
mistaken facts or a misinterpretation of facts or of the law.
Therefore, dismissal of the application was issued.
TA-W-61,237; Oneida Ltd, Distribution Facility
Sherrill, New York and
TA-W-61,237A; Oneida Ltd, Sales Office, Oneida, New York
(June 6, 2007)
Signed at Washington, D.C. this 8th day of June 2007.
/s/ Linda G. Poole__
LINDA G. POOLE
Certifying Officer Division of
Trade Adjustment Assistance
4510-FN-P
PARTMENT OF LABOR
Employment and Training Administration
TA-W-61,237
ONEIDA LTD.
DISTRIBUTION FACILITY
SHERRILL, NEW YORK
TA-W-61,237A
ONEIDA LTD.
SALES OFFICE
ONEIDA, NEW YORK
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 investigation was initiated on April 3, 2007 in response to a
petition filed by a company official on behalf of workers of Oneida Ltd.
Distribution facility in Sherrill, New York and Oneida Ltd. Sales Office
in Oneida, New York. The workers at the two facilities distribute and
sell flatware.
Both worker groups are covered by certifications that are still
active: TA-W-56,985A and TA-W-56,985B, which were issued on May 27, 2005
and are in effect until May 27, 2007.
The investigation revealed that the subject facilities do not
produce an article within the meaning of Section 222(a)(2) of the Act.
In order to be considered eligible to apply for adjustment assistance
under Section 223 of the Trade Act of 1974, the worker group seeking
certification (or on whose behalf certification is being sought) must
work for a "firm" or appropriate subdivision that has produced an
article in the last year and there must be a relationship between the
workers' work and the article produced by the workers' firm or
appropriate subdivision. Workers at the distribution and sales do not
support a firm or appropriate subdivision that has produced an article
domestically in the last year and thus the worker group cannot be
considered import impacted or affected by a shift in production of an
article.
Petitioners allege that job losses are caused by a continued import
impact that had, as demonstrated in the TA-W-56,985 decision, caused
layoffs at the subject firm’s Oneida, New York manufactory. The
investigation revealed, however, that the production facility ceased all
production in March, 2005 and the flatware distributed and sold by the
subject firm since that time are predominantly imported.
The dominant cause of the separations that are threatened to occur
after the certifications of the distribution and sales facilities expire
is the relocation of functions at these facilities to another domestic
location.
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 Oneida Ltd. Distribution facility
in Sherrill, New York, and the Sales Office in Oneida, New York 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 12th day of April 2007.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-61,237
ONEIDA LTD.
DISTRIBUTION FACILITY
SHERRILL, NEW YORK
TA-W-61,237A
ONEIDA LTD
SALES OFFICE
ONEIDA, NEW YORK
Dismissal of Application for Reconsideration
Pursuant to 29 CFR 90.18(C) an application for
administrative reconsideration was filed with the Director of the
Division of Trade Adjustment Assistance for workers at Oneida
Ltd, Distribution Facility, Sherrill, New York and Oneida Ltd,
Sales Office, Oneida, New York. The application did not contain
new information supporting a conclusion that the determination
was erroneous, and also did not provide a justification for
reconsideration of the determination that was based on either
mistaken facts or a misinterpretation of facts or of the law.
Therefore, dismissal of the application was issued.
TA-W-61,237; Oneida Ltd, Distribution Facility
Sherrill, New York and
TA-W-61,237A; Oneida Ltd, Sales Office, Oneida, New York
(June 6, 2007)
Signed at Washington, D.C. this 8th day of June 2007.
/s/ Linda G. Poole__
LINDA G. POOLE
Certifying Officer Division of
Trade Adjustment Assistance
4510-FN-P
PARTMENT OF LABOR
Employment and Training Administration
TA-W-61,237
ONEIDA LTD.
DISTRIBUTION FACILITY
SHERRILL, NEW YORK
TA-W-61,237A
ONEIDA LTD.
SALES OFFICE
ONEIDA, NEW YORK
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 investigation was initiated on April 3, 2007 in response to a
petition filed by a company official on behalf of workers of Oneida Ltd.
Distribution facility in Sherrill, New York and Oneida Ltd. Sales Office
in Oneida, New York. The workers at the two facilities distribute and
sell flatware.
Both worker groups are covered by certifications that are still
active: TA-W-56,985A and TA-W-56,985B, which were issued on May 27, 2005
and are in effect until May 27, 2007.
The investigation revealed that the subject facilities do not
produce an article within the meaning of Section 222(a)(2) of the Act.
In order to be considered eligible to apply for adjustment assistance
under Section 223 of the Trade Act of 1974, the worker group seeking
certification (or on whose behalf certification is being sought) must
work for a "firm" or appropriate subdivision that has produced an
article in the last year and there must be a relationship between the
workers' work and the article produced by the workers' firm or
appropriate subdivision. Workers at the distribution and sales do not
support a firm or appropriate subdivision that has produced an article
domestically in the last year and thus the worker group cannot be
considered import impacted or affected by a shift in production of an
article.
Petitioners allege that job losses are caused by a continued import
impact that had, as demonstrated in the TA-W-56,985 decision, caused
layoffs at the subject firm’s Oneida, New York manufactory. The
investigation revealed, however, that the production facility ceased all
production in March, 2005 and the flatware distributed and sold by the
subject firm since that time are predominantly imported.
The dominant cause of the separations that are threatened to occur
after the certifications of the distribution and sales facilities expire
is the relocation of functions at these facilities to another domestic
location.
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 Oneida Ltd. Distribution facility
in Sherrill, New York, and the Sales Office in Oneida, New York 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 12th day of April 2007.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance