Certified
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TAW-65240  /  St. Marys Carbon Company (Saint Marys, PA)

Petitioner Type: Union
Impact Date: 02/11/2008
Filed Date: 02/12/2009
Most Recent Update: 04/03/2009
Determination Date: 04/03/2009
Expiration Date: 04/03/2011


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-65,240

ST. MARY'S CARBON COMPANY
ST. MARY'S, PENNSYLVANIA

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 as a secondarily affected
worker group.
In order to make an affirmative determination and issue a
certification of eligibility for secondary workers to apply for
Trade Adjustment Assistance, the group eligibility requirements of
paragraph (b) of Section 222 of the Trade Act, as amended, must be
met. It is determined in this case that the requirements of (b) of
Section 222, as amended, have been met.
The investigation was initiated on February 12, 2009 in
response to a petition filed by the International Union of Electric
Workers and Communication Workers of America (IUE-CWA), Local 502,
on behalf of workers of St. Mary's Carbon Company, St. Mary's,
Pennsylvania. Workers at the subject facility are engaged in
activities related to the production of carbon graphite and metal
graphite products.
The investigation revealed that employment at the subject
facility declined during the relevant period.
The investigation also revealed that St. Mary's Carbon
Company, St. Mary's, Pennsylvania supplies carbon graphite and
metal graphite products and a loss of business with a manufacturer
of motors for pumps whose workers were certified eligible to apply
for adjustment assistance contributed importantly to the separation
or threat of separation of workers at the subject firm.
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 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 firm 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 workers of St. Mary's Carbon
Company, St. Mary's, Pennsylvania qualify as adversely affected
secondary workers under Section 222 of the Trade Act of 1974, as
amended. In accordance with the provisions of the Act, I make the
following certification:
"All workers of St. Mary's Carbon Company, St. Mary's,
Pennsylvania who became totally or partially separated from
employment on or after February 11, 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 at Washington, D.C., this 3rd day of April 2009.

/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance