DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-62,832

GAF MATERIALS CORPORATION
QUAKERTOWN, PENNSYLVANIA

Notice of Negative Determination
Regarding Application for Reconsideration

By application dated May 5, 2008, International Association
of Machinists and Aerospace Workers, District 1 requested
administrative reconsideration of the Department's negative
determination regarding eligibility to apply for Trade Adjustment
Assistance (TAA) and Alternative Trade Adjustment Assistance
(ATAA), applicable to workers and former workers of the subject
firm. The denial notice was signed on March 26, 2008 and
published in the Federal Register on April 11, 2008 (73 FR
19900).
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 initial investigation resulted in a negative
determination was based on the finding that imports of
residential roofing materials did not contribute importantly to
worker separations at the subject facility and there was no shift
of production to a foreign country. The subject firm did not
import residential roofing materials during the relevant period.
The “contributed importantly” test is generally demonstrated
through a survey of the workers’ firm’s declining domestic
customers. A survey conducted by the Department of Labor
revealed that major customers did not purchase imported
residential roofing materials during 2006, 2007 and during the
January through February 2008 period.
The petitioner indicates that “The workers produced
asphaltic roofing materials and that the sales and employment at
the firm declined during the relevant period.”
Since the worker group was denied on the fact that imports
did not contribute importantly to the layoffs at the subject firm
and no shift of production to a foreign source occurred, the
information provided by the petitioner in the request for
reconsideration does not help to satisfy the criteria necessary
for certification for TAA.
The request for reconsideration also appears to address
workers eligibility for ATAA. The petitioner states that “a
significant number of employees at this location are 50 or older
and do not possess skills that are easily transferable.”
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.
The Union did not supply facts not previously considered;
nor provide additional documentation indicating that there was
either 1) a mistake in the determination of facts not previously
considered or 2) a misinterpretation of facts or of the law
justifying reconsideration of the initial determination.
After careful review of the request for reconsideration, the
Department determines that 29 CFR 90.18(c) has not been met.
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 in Washington, D.C., this 4th day of June, 2008

/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-62,832

GAF MATERIALS CORPORATION
QUAKERTOWN, PENNSYLVANIA

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 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, 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 February 12, 2008 in
response to a petition filed by the International Association of
Machinists Local 1092 on behalf of workers of GAF Materials
Corporation, Quakertown, Pennsylvania. The workers produce
residential roofing materials.
The investigation revealed that criteria I.C and II.B have not
been met.
The subject firm did not import or shift production shift to
any foreign country.
A survey conducted by the Department of Labor revealed that
major customers did not purchase imported residential roofing
materials in 2006, 2007 or in January through February 2008.
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 assis-
tance (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 GAF Materials
Corporation, Quakertown, Pennsylvania 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 26th day of March, 2008

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







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