Petitioner Type: Company
Impact Date: 09/26/2010
Filed Date: 09/27/2011
Most Recent Update: 10/19/2011
Determination Date: 10/19/2011
Expiration Date: 10/19/2013
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-80,473
READING POWDER COATINGS, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
BERKS AND BEYOND EMPLOYMENT SERVICES AND GAGE PERSONNEL
READING, PENNSYLVANIA
Amended 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), and Section 246 of the Trade Act of 1974 (26 USC
2813), as amended, the Department of Labor issued a Certification
of Eligibility to Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance on October 19, 2011,
applicable to workers of Reading Powder Coatings, Inc., Reading,
Pennsylvania. The workers are engaged in activities related to
the production of powder coatings. The notice was published in
the Federal Register on November 3, 2011 (76 FR 68220).
At the request of the State agency, the Department reviewed
the certification for workers of the subject firm. New
information shows that workers leased from Berks and Beyond
Employment Services and Gage Personnel were employed on-site at
the Reading, Pennsylvania location of Reading Powder Coatings,
Inc. The Department has determined that these workers were
sufficiently under the control of Reading Powder Coatings, Inc.
to be considered leased workers.
The intent of the Department’s certification is to include
all workers of the subject firm adversely affected by a shift in
the production of powder coatings to Mexico.
Based on these findings, the Department is amending this
certification to include workers leased from Berks and Beyond
Employment Services and Gage Personnel working on-site at the
Reading, Pennsylvania location of the subject firm.
The amended notice applicable to TA-W-80,473 is hereby
issued as follows:
"All workers of Reading Powder Coatings, Inc.,
including on-site leased workers from Berks and Beyond
Employment Services and Gage Personnel, Reading,
Pennsylvania, who became totally or partially separated
from employment on or after September 26, 2010, through
October 19, 2013, 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 9th day of January 2012
/s/ Michael W. Jaffe
______
MICHAEL W. JAFFE
Certifying Officer, Office
of Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-80,473
READING POWDER COATINGS, INC.
READING, 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, 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:
(1) 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;
(2)(B)(i) 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
(ii)(I) 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;
(II) the country to which the workers’ firm has
shifted production of the articles is a beneficiary under
the African Growth and Opportunity Act, or the Caribbean
Basin Economic Act; or
(III) 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 in response to a petition
filed on September 27, 2011, by a company official on behalf of
workers of Reading Powder Coatings, Inc., Reading, Pennsylvania
(Reading Powder Coatings). The workers’ firm is engaged
activities related to the production of powder coatings.
During the course of the investigation, information was
collected from the workers’ firm.
Section 222(a)(1) has been met because a significant number
or proportion of the workers in such workers’ firm have become
totally or partially separated, or are threatened to become totally
or partially separated.
Section 222(a)(2)(B) has been met because the employment
decline is related to the shift in production of powder coatings to
a foreign country that is party to a Free Trade Agreement with the
United States.
In accordance with Section 246 the Trade Act of 1974, as
amended (“Act”), 26 U.S.C. 2813, 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.
The group eligibility requirements for workers of a firm under
Section 246 (a)(3)(A)(ii) of the Trade Act are satisfied if the
following criteria are met:
(I) Whether a significant number of workers in the
workers' firm are 50 years of age or older;
(II) Whether the workers in the workers' firm possess
skills that are not easily transferable; and
(III) The competitive conditions within the workers'
industry (i.e., conditions within the industry are
adverse).
Section 246(a)(3)(A)(ii)(I) has been met because a significant
number of workers in the workers’ firm are 50 years of age or
older.
Section 246(a)(3)(A)(ii)(II) has been met because the workers
in the workers’ firm possess skills that are not easily
transferrable.
Finally, Section 246(a)(3)(A)(ii)(III) has been met because
conditions within the workers’ industry are adverse.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Reading Powder
Coatings, Inc., Reading, Pennsylvania, who are engaged in
activities related to the production of powder coatings 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 Reading Powder Coatings, Inc., Reading,
Pennsylvania, who became totally or partially separated from
employment on or after September 26, 2010, 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, and are also eligible to apply for
alternative trade adjustment assistance under Section 246 of
the Trade Act of 1974, as amended.”
Signed in Washington, D. C. this 19th day of October, 2011
/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
- 6 -
Employment and Training Administration
TA-W-80,473
READING POWDER COATINGS, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
BERKS AND BEYOND EMPLOYMENT SERVICES AND GAGE PERSONNEL
READING, PENNSYLVANIA
Amended 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), and Section 246 of the Trade Act of 1974 (26 USC
2813), as amended, the Department of Labor issued a Certification
of Eligibility to Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance on October 19, 2011,
applicable to workers of Reading Powder Coatings, Inc., Reading,
Pennsylvania. The workers are engaged in activities related to
the production of powder coatings. The notice was published in
the Federal Register on November 3, 2011 (76 FR 68220).
At the request of the State agency, the Department reviewed
the certification for workers of the subject firm. New
information shows that workers leased from Berks and Beyond
Employment Services and Gage Personnel were employed on-site at
the Reading, Pennsylvania location of Reading Powder Coatings,
Inc. The Department has determined that these workers were
sufficiently under the control of Reading Powder Coatings, Inc.
to be considered leased workers.
The intent of the Department’s certification is to include
all workers of the subject firm adversely affected by a shift in
the production of powder coatings to Mexico.
Based on these findings, the Department is amending this
certification to include workers leased from Berks and Beyond
Employment Services and Gage Personnel working on-site at the
Reading, Pennsylvania location of the subject firm.
The amended notice applicable to TA-W-80,473 is hereby
issued as follows:
"All workers of Reading Powder Coatings, Inc.,
including on-site leased workers from Berks and Beyond
Employment Services and Gage Personnel, Reading,
Pennsylvania, who became totally or partially separated
from employment on or after September 26, 2010, through
October 19, 2013, 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 9th day of January 2012
/s/ Michael W. Jaffe
______
MICHAEL W. JAFFE
Certifying Officer, Office
of Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-80,473
READING POWDER COATINGS, INC.
READING, 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, 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:
(1) 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;
(2)(B)(i) 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
(ii)(I) 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;
(II) the country to which the workers’ firm has
shifted production of the articles is a beneficiary under
the African Growth and Opportunity Act, or the Caribbean
Basin Economic Act; or
(III) 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 in response to a petition
filed on September 27, 2011, by a company official on behalf of
workers of Reading Powder Coatings, Inc., Reading, Pennsylvania
(Reading Powder Coatings). The workers’ firm is engaged
activities related to the production of powder coatings.
During the course of the investigation, information was
collected from the workers’ firm.
Section 222(a)(1) has been met because a significant number
or proportion of the workers in such workers’ firm have become
totally or partially separated, or are threatened to become totally
or partially separated.
Section 222(a)(2)(B) has been met because the employment
decline is related to the shift in production of powder coatings to
a foreign country that is party to a Free Trade Agreement with the
United States.
In accordance with Section 246 the Trade Act of 1974, as
amended (“Act”), 26 U.S.C. 2813, 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.
The group eligibility requirements for workers of a firm under
Section 246 (a)(3)(A)(ii) of the Trade Act are satisfied if the
following criteria are met:
(I) Whether a significant number of workers in the
workers' firm are 50 years of age or older;
(II) Whether the workers in the workers' firm possess
skills that are not easily transferable; and
(III) The competitive conditions within the workers'
industry (i.e., conditions within the industry are
adverse).
Section 246(a)(3)(A)(ii)(I) has been met because a significant
number of workers in the workers’ firm are 50 years of age or
older.
Section 246(a)(3)(A)(ii)(II) has been met because the workers
in the workers’ firm possess skills that are not easily
transferrable.
Finally, Section 246(a)(3)(A)(ii)(III) has been met because
conditions within the workers’ industry are adverse.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Reading Powder
Coatings, Inc., Reading, Pennsylvania, who are engaged in
activities related to the production of powder coatings 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 Reading Powder Coatings, Inc., Reading,
Pennsylvania, who became totally or partially separated from
employment on or after September 26, 2010, 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, and are also eligible to apply for
alternative trade adjustment assistance under Section 246 of
the Trade Act of 1974, as amended.”
Signed in Washington, D. C. this 19th day of October, 2011
/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
- 6 -