Petitioner Type: Union
Impact Date: 06/21/2006
Filed Date: 06/22/2007
Most Recent Update: 07/31/2007
Determination Date: 07/31/2007
Expiration Date: 07/31/2009
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-61,728
R & S VINYL PRODUCTS GROUP L.L.C.
CLARION, PENNSYLVANIA
Notice of Negative Determination
Regarding Application for Reconsideration
By application of August 31, 2007, a petitioner requested
administrative reconsideration of the Department's negative
determination regarding eligibility for workers and former
workers of the subject firm to apply for Alternative Trade
Adjustment Assistance (ATAA).
The workers of R&S Vinyl Products Group LLC, Clarion,
Pennsylvania were certified eligible to apply for Trade
Adjustment Assistance (TAA) and denied to apply for ATAA on July
31, 2007. The denial notice was published in the Federal
Register on August 14, 2007 (72 FR 45451).
Pursuant to 29 CFR 90.18(c) reconsideration may be granted
under the following circumstances:
(1) If it appears on the basis of facts not previously
considered that the determination complained of
was erroneous;
(2) if it appears that the determination complained of
was based on a mistake in the determination of facts
not previously considered; or
(3) if in the opinion of the Certifying Officer, a mis-
interpretation of facts or of the law justified
reconsideration of the decision.
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 initial ATAA investigation determined that the skills of
the subject worker group are easily transferable to other
positions in the local area.
In the request for reconsideration, the petitioner requested
a review of the initial petition and to include the ATAA
benefits. The petitioner appears to be under the impression that
the workers eligibility for ATAA was not investigated in the
original investigation.
The Department reviewed the initial investigation and
determined that subject workers eligibility for ATAA was
investigated. The investigation revealed that workers’ skills
are transferable to other positions within the commuting area.
However, the Department conducted additional investigation on
reconsideration and contacted a company official to determine if
workers’ are eligible for ATAA. Based on a company official’s
statements it was confirmed that there are several existing and
new manufacturing facilities within the commuting area, which are
in the process of hiring workers with skills similar to those
possessed by the subject worker group. Consequently, the
investigation confirmed that workers’ skills are easily
transferable to other companies.
Conclusion
After review of the application and investigative findings,
I conclude that there has been no error or misinterpretation of
the law or of the facts which would justify reconsideration of
the Department of Labor's prior decision. Accordingly, the
application is denied.
Signed at Washington, D.C., this 17th day of September, 2007
/s/ Elliott S. Kushner
__________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-61,728
R & S VINYL PRODUCTS GROUP L.L.C.
CLARION, PENNSYLVANIA
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), as amended, 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 on June 22, 2007 in response
to a petition filed by the International Association of Machinist
and Aerospace Workers, District Lodge 98 on behalf of workers of R
& S Vinyl Products Group L.L.C., Clarion, Pennsylvania. Workers at
the subject firm produced vinyl windows and patio doors.
Employment and production at the subject firm declined
absolutely with the cessation of operations on January 8, 2007.
The Department of Labor surveyed the subject firm’s major
declining customers regarding their purchases of vinyl windows and
patio doors in 2005, 2006, and January through May 2007. This
survey revealed increased imports of vinyl windows and patio doors
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.
The group eligibility criteria for the ATAA program
that the Department must consider under Section 246 of the
Trade Act are:
4. Whether a significant number of workers in the workers'
firm are 50 years of age or older.
5. Whether the workers in the workers' firm possess skills
that are not easily transferable.
6. 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 workers in the workers’ firm do
possess skills that are easily transferable.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with vinyl windows and patio doors
produced at R & S Vinyl Product Group L.L.C., Clarion,
Pennsylvania, 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:
"Workers of R & S Vinyl Product Group L.L.C., Clarion,
Pennsylvania, who became totally or partially separated from
employment on or after June 21, 2006 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 R & S Vinyl Product
Group L.L.C., Clarion, Pennsylvania, 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 31st day of July 2007
/s/Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-61,728
R & S VINYL PRODUCTS GROUP L.L.C.
CLARION, PENNSYLVANIA
Notice of Negative Determination
Regarding Application for Reconsideration
By application of August 31, 2007, a petitioner requested
administrative reconsideration of the Department's negative
determination regarding eligibility for workers and former
workers of the subject firm to apply for Alternative Trade
Adjustment Assistance (ATAA).
The workers of R&S Vinyl Products Group LLC, Clarion,
Pennsylvania were certified eligible to apply for Trade
Adjustment Assistance (TAA) and denied to apply for ATAA on July
31, 2007. The denial notice was published in the Federal
Register on August 14, 2007 (72 FR 45451).
Pursuant to 29 CFR 90.18(c) reconsideration may be granted
under the following circumstances:
(1) If it appears on the basis of facts not previously
considered that the determination complained of
was erroneous;
(2) if it appears that the determination complained of
was based on a mistake in the determination of facts
not previously considered; or
(3) if in the opinion of the Certifying Officer, a mis-
interpretation of facts or of the law justified
reconsideration of the decision.
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 initial ATAA investigation determined that the skills of
the subject worker group are easily transferable to other
positions in the local area.
In the request for reconsideration, the petitioner requested
a review of the initial petition and to include the ATAA
benefits. The petitioner appears to be under the impression that
the workers eligibility for ATAA was not investigated in the
original investigation.
The Department reviewed the initial investigation and
determined that subject workers eligibility for ATAA was
investigated. The investigation revealed that workers’ skills
are transferable to other positions within the commuting area.
However, the Department conducted additional investigation on
reconsideration and contacted a company official to determine if
workers’ are eligible for ATAA. Based on a company official’s
statements it was confirmed that there are several existing and
new manufacturing facilities within the commuting area, which are
in the process of hiring workers with skills similar to those
possessed by the subject worker group. Consequently, the
investigation confirmed that workers’ skills are easily
transferable to other companies.
Conclusion
After review of the application and investigative findings,
I conclude that there has been no error or misinterpretation of
the law or of the facts which would justify reconsideration of
the Department of Labor's prior decision. Accordingly, the
application is denied.
Signed at Washington, D.C., this 17th day of September, 2007
/s/ Elliott S. Kushner
__________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-61,728
R & S VINYL PRODUCTS GROUP L.L.C.
CLARION, PENNSYLVANIA
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), as amended, 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 on June 22, 2007 in response
to a petition filed by the International Association of Machinist
and Aerospace Workers, District Lodge 98 on behalf of workers of R
& S Vinyl Products Group L.L.C., Clarion, Pennsylvania. Workers at
the subject firm produced vinyl windows and patio doors.
Employment and production at the subject firm declined
absolutely with the cessation of operations on January 8, 2007.
The Department of Labor surveyed the subject firm’s major
declining customers regarding their purchases of vinyl windows and
patio doors in 2005, 2006, and January through May 2007. This
survey revealed increased imports of vinyl windows and patio doors
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.
The group eligibility criteria for the ATAA program
that the Department must consider under Section 246 of the
Trade Act are:
4. Whether a significant number of workers in the workers'
firm are 50 years of age or older.
5. Whether the workers in the workers' firm possess skills
that are not easily transferable.
6. 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 workers in the workers’ firm do
possess skills that are easily transferable.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with vinyl windows and patio doors
produced at R & S Vinyl Product Group L.L.C., Clarion,
Pennsylvania, 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:
"Workers of R & S Vinyl Product Group L.L.C., Clarion,
Pennsylvania, who became totally or partially separated from
employment on or after June 21, 2006 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 R & S Vinyl Product
Group L.L.C., Clarion, Pennsylvania, 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 31st day of July 2007
/s/Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance