Certified
« back to search results

TAW-64606  /  Columbian Chemicals Company (Proctor, WV)

Petitioner Type: Union
Impact Date: 06/09/2008
Filed Date: 12/08/2008
Most Recent Update: 12/29/2008
Determination Date: 12/29/2008
Expiration Date: 12/29/2010

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-64,606

COLUMBIAN CHEMICALS COMPANY
MARSHALL PLANT
PROCTOR, WEST VIRGINIA

Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
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 an 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)(B) of
Section 222 have been met.
The investigation was initiated on December 8, 2008 in
response to a petition filed by the International Chemical Workers
Union/United Food and Commercial Workers International Union, Local
888C on behalf of workers at Columbian Chemicals Company, Marshall
Plant, Proctor, West Virginia. Workers of the Marshall Plant are
engaged in the production of carbon black.
All workers of Columbian Chemicals Company, Proctor, West
Virginia were certified eligible to apply for trade adjustment
assistance under petition TA-W-59,361 which expired on June 8,
2008.
This investigation revealed that employment at the subject
facility declined in January to November 2008 when compared with
the same period in 2007.
The subject facility is shifting a significant proportion of
production of carbon black to a country (Canada) that is party to a
free trade agreement with the United States.
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 group eligibility requirements
of Section 246 of the Trade Act must be met. The Department has
determined in this case that the requirements of Section 246 have
been met.
A significant number of workers at the subject facilities are
age 50 or over and possess skills that are not easily
transferable. Competitive conditions within the industry are
adverse.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that there was a shift in production
from the workers' firm or subdivision to Canada of articles that
are like or directly competitive with those produced by the subject
firm or subdivision. In accordance with the provisions of the Act,
I make the following certification:
"All workers of Colombian Chemicals Company, Marshall Plant,
Proctor, West Virginia, who became totally or partially
separated from employment on or after June 9, 2008 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 are also eligible to apply for alternative trade
adjustment assistance under Section 246 of the Trade Act of
1974."
Signed in Washington, D.C., this 29th day of December 2008


/s/ Linda G. Poole

LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance