Petitioner Type: Workers
Impact Date: 03/19/2009
Filed Date: 03/22/2010
Most Recent Update: 05/18/2010
Determination Date: 05/18/2010
Expiration Date: 05/18/2012
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-73,758
BLUESCOPE BUILDINGS NORTH AMERICA
INCLUDING WORKERS WHOSE UNEMPLOYMENT INSURANCE (UI) WAGES
ARE REPORTED THROUGH
BUTTLER MANUFACTURING COMPANY
LAURINBURG, NORTH CAROLINA
Amended Certification Regarding Eligibility to
Apply for Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974, as amended (“Act”), 19 U.S.C. § 2273, the Department of Labor issued a Certification of Eligibility to Apply for Worker Adjustment Assistance on May 18, 2010, applicable to workers of BlueScope Buildings North America, Laurinburg, North Carolina. The notice was published in the Federal Register on June 7, 2010 (75 FR 32224).
At the request of the State Agency, the Department reviewed the certification for workers of the subject firm. The workers are engaged in activities related to prefabricated metal building components.
New information shows that some workers separated from employment at BlueScope Buildings North America had their wages reported through a separate unemployment insurance (UI) tax account under the name Butler Manufacturing Company, a division of BlueScope Buildings North America.
Accordingly, the Department is amending this certification to properly reflect this matter.
The intent of the Department’s certification is to include all workers of the subject firm who were adversely affected by a shift in the production of prefabricated metal building components to Mexico.
The amended notice applicable to TA-W-73,758 is hereby issued as follows:
“All workers of BlueScope Buildings North America, including workers whose unemployment insurance (UI) wages are reported through Butter Manufacturing Company, Laurinburg, North Carolina, who became totally or partially separated from employment on or after March 19, 2009, through May 18, 2012, and all workers in the group threatened with total or partial separation from employment on date of certification through two years from the date of certification, are eligible to apply for adjustment assistance under Chapter 2 of Title II of the Trade Act of 1974, as amended.”
Signed in Washington, D.C., this 11th day of August, 2010.
/s/ Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-73,758
BLUESCOPE BUILDINGS NORTH AMERICA
LAURINBURG, NORTH CAROLINA
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974, as amended (“Act”), 19 U.S.C. § 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 workers of a firm under Section 222(a) of the Act, 19 U.S.C. § 2272(a), are satisfied if the following criteria are met:
I. The first criterion (set forth in Section 222(a)(1) of the Act, 19 U.S.C. § 2272(a)(1)) requires that a significant number or proportion of the workers in the workers’ firm must have become totally or partially separated or be threatened with total or partial separation.
II. The second criterion (set forth in Section 222(a)(2) of the Act, 19 U.S.C. § 2272(a)(2)) may be satisfied if either:
(i)(I) there has been a shift by the workers’ firm to a foreign country in the production of articles or supply of services like or directly competitive with those produced/supplied by the workers’ firm; OR
(i)(II) there has been an acquisition from a foreign country by the workers’ firm of articles/services that are like or directly competitive with those produced/supplied by the workers’ firm.
III. The third criterion requires that the shift/acquisition must have contributed importantly to the workers’ separation or threat of separation. See Section 222(a)(2)(B)(ii) of the Act, 19 U.S.C. § 2272(a)(2)(B)(ii).
The investigation was initiated in response to a petition filed on March 22, 2010 on behalf of workers of BlueScope Buildings North America, Laurinburg, North Carolina. The workers are engaged in activities related to the production of prefabricated metal building components.
The investigation revealed that workers of BlueScope Buildings North America who are engaged in activities related to the production of prefabricated metal building components meet the criteria for certification.
Criterion I has been met because a significant number or proportion of the workers have been totally or partially separated or threatened with separation.
Criterion II has been satisfied because the workers’ firm has shifted to Mexico the production of articles like or directly competitive with the articles provided by the workers.
Criterion III has been met because the shift of production of prefabricated metal building components to a foreign country by BlueScope Buildings North America contributed importantly to worker group separations at the subject firm.
Conclusion
After careful review of the facts obtained in the investigation, I determine that workers of BlueScope Buildings North America, Laurinburg, North Carolina, who are engaged in activities related to the production of prefabricated metal building components meet the worker group certification criteria under Section 222(a) of the Act, 19 U.S.C. § 2272(a).
In accordance with Section 223 of the Act, 19 U.S.C. § 2273, I make the following certification:
“All workers of BlueScope Buildings North America, Laurinburg, North Carolina, who became totally or partially separated from employment on or after March 19, 2009, through two years from the date of certification, and all workers in the group threatened with total or partial separation from employment on date of certification through two years from the date of certification, are eligible to apply for adjustment assistance under Chapter 2 of Title II of the Trade Act of 1974, as amended.”
Signed in Washington, D.C., this 18th day of May, 2010
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
2
Employment and Training Administration
TA-W-73,758
BLUESCOPE BUILDINGS NORTH AMERICA
INCLUDING WORKERS WHOSE UNEMPLOYMENT INSURANCE (UI) WAGES
ARE REPORTED THROUGH
BUTTLER MANUFACTURING COMPANY
LAURINBURG, NORTH CAROLINA
Amended Certification Regarding Eligibility to
Apply for Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974, as amended (“Act”), 19 U.S.C. § 2273, the Department of Labor issued a Certification of Eligibility to Apply for Worker Adjustment Assistance on May 18, 2010, applicable to workers of BlueScope Buildings North America, Laurinburg, North Carolina. The notice was published in the Federal Register on June 7, 2010 (75 FR 32224).
At the request of the State Agency, the Department reviewed the certification for workers of the subject firm. The workers are engaged in activities related to prefabricated metal building components.
New information shows that some workers separated from employment at BlueScope Buildings North America had their wages reported through a separate unemployment insurance (UI) tax account under the name Butler Manufacturing Company, a division of BlueScope Buildings North America.
Accordingly, the Department is amending this certification to properly reflect this matter.
The intent of the Department’s certification is to include all workers of the subject firm who were adversely affected by a shift in the production of prefabricated metal building components to Mexico.
The amended notice applicable to TA-W-73,758 is hereby issued as follows:
“All workers of BlueScope Buildings North America, including workers whose unemployment insurance (UI) wages are reported through Butter Manufacturing Company, Laurinburg, North Carolina, who became totally or partially separated from employment on or after March 19, 2009, through May 18, 2012, and all workers in the group threatened with total or partial separation from employment on date of certification through two years from the date of certification, are eligible to apply for adjustment assistance under Chapter 2 of Title II of the Trade Act of 1974, as amended.”
Signed in Washington, D.C., this 11th day of August, 2010.
/s/ Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-73,758
BLUESCOPE BUILDINGS NORTH AMERICA
LAURINBURG, NORTH CAROLINA
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974, as amended (“Act”), 19 U.S.C. § 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 workers of a firm under Section 222(a) of the Act, 19 U.S.C. § 2272(a), are satisfied if the following criteria are met:
I. The first criterion (set forth in Section 222(a)(1) of the Act, 19 U.S.C. § 2272(a)(1)) requires that a significant number or proportion of the workers in the workers’ firm must have become totally or partially separated or be threatened with total or partial separation.
II. The second criterion (set forth in Section 222(a)(2) of the Act, 19 U.S.C. § 2272(a)(2)) may be satisfied if either:
(i)(I) there has been a shift by the workers’ firm to a foreign country in the production of articles or supply of services like or directly competitive with those produced/supplied by the workers’ firm; OR
(i)(II) there has been an acquisition from a foreign country by the workers’ firm of articles/services that are like or directly competitive with those produced/supplied by the workers’ firm.
III. The third criterion requires that the shift/acquisition must have contributed importantly to the workers’ separation or threat of separation. See Section 222(a)(2)(B)(ii) of the Act, 19 U.S.C. § 2272(a)(2)(B)(ii).
The investigation was initiated in response to a petition filed on March 22, 2010 on behalf of workers of BlueScope Buildings North America, Laurinburg, North Carolina. The workers are engaged in activities related to the production of prefabricated metal building components.
The investigation revealed that workers of BlueScope Buildings North America who are engaged in activities related to the production of prefabricated metal building components meet the criteria for certification.
Criterion I has been met because a significant number or proportion of the workers have been totally or partially separated or threatened with separation.
Criterion II has been satisfied because the workers’ firm has shifted to Mexico the production of articles like or directly competitive with the articles provided by the workers.
Criterion III has been met because the shift of production of prefabricated metal building components to a foreign country by BlueScope Buildings North America contributed importantly to worker group separations at the subject firm.
Conclusion
After careful review of the facts obtained in the investigation, I determine that workers of BlueScope Buildings North America, Laurinburg, North Carolina, who are engaged in activities related to the production of prefabricated metal building components meet the worker group certification criteria under Section 222(a) of the Act, 19 U.S.C. § 2272(a).
In accordance with Section 223 of the Act, 19 U.S.C. § 2273, I make the following certification:
“All workers of BlueScope Buildings North America, Laurinburg, North Carolina, who became totally or partially separated from employment on or after March 19, 2009, through two years from the date of certification, and all workers in the group threatened with total or partial separation from employment on date of certification through two years from the date of certification, are eligible to apply for adjustment assistance under Chapter 2 of Title II of the Trade Act of 1974, as amended.”
Signed in Washington, D.C., this 18th day of May, 2010
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
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