Petitioner Type: Union
Impact Date:
Filed Date: 08/20/2008
Most Recent Update: 10/08/2008
Determination Date: 10/08/2008
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-63,904
NESTAWAY, LLC
GARFIELD HEIGHTS, OHIO
Notice of Negative Determination
on Reconsideration
On December 10, 2008, the Department issued an Affirmative
Determination Regarding Application for Reconsideration for the
workers and former workers of the subject firm. The notice was
published in the Federal Register on December 18, 2008 (73 FR
77064).
The initial investigation resulted in a negative
determination based on the finding that imports of dishwasher
rack components did not contribute importantly to worker
separations at the subject firm and no shift of production to a
foreign source occurred.
The petitioner alleged that the workers of the subject firm
manufactured not only dishwasher rack components but also vending
machine trays and surgical baskets for specific customers. The
petitioner provided the names of these customers.
A company official was contacted to verify the above
allegation. The company official stated that the subject firm
did not manufacture vending machine trays and surgical baskets
during the relevant period (since August 19, 2007, twelve months
prior to the date of the petition).
The company official confirmed that during the initial
investigation, the subject firm supplied the Department with a
complete list of all customers, who purchased products from the
subject firm in 2006, 2007 and January through August 2008. The
investigation revealed a major declining customer, representing
nearly all of the subject firm’s total sales did not import wire
dishrack components and service racks during 2006, 2007 and the
during January through August 2008 period.
The petitioner also alleged that the parent company of
Nestaway and several subject firm’s customers had been certified
eligible for TAA.
Whether the subject firm’s customers are under current TAA
certification is relevant to a determination of whether subject
firm workers are eligible for TAA based on the subject firm being
a secondary upstream supplier of a trade certified primary firm.
For certification on the basis of the workers’ firm being a
secondary upstream supplier, the subject firm must produce
component parts of an article that was the basis for a TAA
certification of a customer during the relevant period.
The Department conducted further review and determined that
none of the customers of the subject firm was certified eligible
for TAA during the relevant period.
Conclusion
After reconsideration, I affirm the original notice of
negative determination of eligibility to apply for worker
adjustment assistance for workers and former workers of Nestaway,
LLC, Garfield Heights, Ohio.
Signed at Washington, D.C., this 30th day of January 2009
/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-63,904
NESTAWAY, LLC
GARFIELD HEIGHTS, OHIO
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 July 31, 2008 in response
to a petition filed by the United Automobile, Aerospace &
Agricultural Implement Workers of America International Union
(UAW), Region 2-B, on behalf of workers at Nestaway, LLC, Garfield
Heights, Ohio. The workers at the subject facility produced
dishwasher rack components.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) have not been met.
The subject firm did not import dishwasher rack components,
nor did it shift production to a foreign country during the
relevant period.
The Department of Labor surveyed the subject firm’s primary
customer regarding purchases of dishwasher rack components during
2006, 2007 and January through August 2008. The customer reported
no imports.
United States aggregate imports of dishwashing machine parts,
including water containment chambers for dishwashers declined in
2007 compared with 2006 and in January through July 2008 compared
with the same period in 2007.
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 Nestaway, LLC,
Garfield Heights, Ohio, are denied eligibility to apply for adjust-
ment 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 8th day of October 2008
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance
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Employment and Training Administration
TA-W-63,904
NESTAWAY, LLC
GARFIELD HEIGHTS, OHIO
Notice of Negative Determination
on Reconsideration
On December 10, 2008, the Department issued an Affirmative
Determination Regarding Application for Reconsideration for the
workers and former workers of the subject firm. The notice was
published in the Federal Register on December 18, 2008 (73 FR
77064).
The initial investigation resulted in a negative
determination based on the finding that imports of dishwasher
rack components did not contribute importantly to worker
separations at the subject firm and no shift of production to a
foreign source occurred.
The petitioner alleged that the workers of the subject firm
manufactured not only dishwasher rack components but also vending
machine trays and surgical baskets for specific customers. The
petitioner provided the names of these customers.
A company official was contacted to verify the above
allegation. The company official stated that the subject firm
did not manufacture vending machine trays and surgical baskets
during the relevant period (since August 19, 2007, twelve months
prior to the date of the petition).
The company official confirmed that during the initial
investigation, the subject firm supplied the Department with a
complete list of all customers, who purchased products from the
subject firm in 2006, 2007 and January through August 2008. The
investigation revealed a major declining customer, representing
nearly all of the subject firm’s total sales did not import wire
dishrack components and service racks during 2006, 2007 and the
during January through August 2008 period.
The petitioner also alleged that the parent company of
Nestaway and several subject firm’s customers had been certified
eligible for TAA.
Whether the subject firm’s customers are under current TAA
certification is relevant to a determination of whether subject
firm workers are eligible for TAA based on the subject firm being
a secondary upstream supplier of a trade certified primary firm.
For certification on the basis of the workers’ firm being a
secondary upstream supplier, the subject firm must produce
component parts of an article that was the basis for a TAA
certification of a customer during the relevant period.
The Department conducted further review and determined that
none of the customers of the subject firm was certified eligible
for TAA during the relevant period.
Conclusion
After reconsideration, I affirm the original notice of
negative determination of eligibility to apply for worker
adjustment assistance for workers and former workers of Nestaway,
LLC, Garfield Heights, Ohio.
Signed at Washington, D.C., this 30th day of January 2009
/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-63,904
NESTAWAY, LLC
GARFIELD HEIGHTS, OHIO
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 July 31, 2008 in response
to a petition filed by the United Automobile, Aerospace &
Agricultural Implement Workers of America International Union
(UAW), Region 2-B, on behalf of workers at Nestaway, LLC, Garfield
Heights, Ohio. The workers at the subject facility produced
dishwasher rack components.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) have not been met.
The subject firm did not import dishwasher rack components,
nor did it shift production to a foreign country during the
relevant period.
The Department of Labor surveyed the subject firm’s primary
customer regarding purchases of dishwasher rack components during
2006, 2007 and January through August 2008. The customer reported
no imports.
United States aggregate imports of dishwashing machine parts,
including water containment chambers for dishwashers declined in
2007 compared with 2006 and in January through July 2008 compared
with the same period in 2007.
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 Nestaway, LLC,
Garfield Heights, Ohio, are denied eligibility to apply for adjust-
ment 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 8th day of October 2008
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance
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