DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,104

FISHER AND LUDLOW
A NUCOR COMPANY
SAEGERTOWN, PENNSYLVANIA

Notice of Revised Determination
on Reconsideration

On May 28, 2014, the Department issued an Affirmative Determination Regarding Application for Reconsideration of the negative determination regarding workers’ eligibility to apply for Alternative Trade Adjustment Assistance (ATAA) applicable to workers and former workers of Fisher and Ludlow, a Nucor Company, Saegertown, Pennsylvania (subject firm). The Department’s Notice was published in the Federal Register on June 13, 2014 (79 FR 33955).
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).
The negative determination for ATAA was based on the findings that Section 246(a)(3)(A)(ii)(II) was not met because the workers in the workers’ firm possess skills that are easily transferrable and Section 246(a)(3)(A)(ii)(III) was not met because conditions within the workers’ industry were not found to be adverse.
During the reconsideration investigation, the Department collected information from the subject firm which revealed that the group eligibility requirements under Section 246 (a)(3)(A)(ii) of the Trade Act was satisfied.
Conclusion
After careful review of the additional facts obtained on reconsideration, I determine that workers of the subject firm 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 Fisher and Ludlow, a Nucor Company, Saegertown, Pennsylvania, who became totally or partially separated from employment on or after February 27, 2013, through April 8, 2016, 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 7th day of July, 2014

/s/ Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
4510-FN-P


U.S. DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,104

FISHER AND LUDLOW
A NUCOR COMPANY
SAEGERTOWN, PENNSYLVANIA


Notice of Affirmative Determination
Regarding Application for Reconsideration

By application dated May 2, 2014, a representative of United Steelworkers, District 10, requested administrative reconsideration of the negative determination regarding workers’ eligibility to apply for Alternative Trade Adjustment Assistance (ATAA) applicable to workers and former workers of Fisher and Ludlow, a Nucor Company, Saegertown, Pennsylvania. The determination was issued on April 8, 2014 and the Department’s Notice of determination was published in the Federal Register on April 29, 2014 (79 FR 24018).
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).
The negative determination for ATAA was based on the Department’s findings that Section 246(a)(3)(A)(ii)(II) was not been met because the workers in the workers’ firm possess skills that are easily transferrable and Section 246(a)(3)(A)(ii)(III) was not been met because conditions within the workers’ industry are not adverse.
Pursuant to 29 CFR 90.18(c) reconsideration may be granted under the following circumstances:
(1) If it appears on the basis of facts not previously
considered that the determination complained of
was erroneous;
(2) If it appears that the determination complained of
was based on a mistake in the determination of facts
not previously considered; or
(3) If in the opinion of the Certifying Officer, a
misinterpretation of facts or of the law justified
reconsideration of the decision.
The request for reconsideration asserts that the workers in the workers’ firm possess skills that are not easily transferrable and that conditions within the workers’ industry are adverse. The request provides facts not previously considered to support the assertions.
The Department of Labor has carefully reviewed the request for reconsideration and the existing record, and has determined that the Department will conduct further investigation to determine if the workers meet the eligibility requirements of the Trade Act of 1974, as amended.

Conclusion
After careful review of the application, I conclude that the claim is of sufficient weight to justify reconsideration of the U.S. Department of Labor's prior decision. The application is, therefore, granted.
Signed at Washington, D.C., this 28th day of May, 2014

/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-85,104

FISHER AND LUDLOW
A NUCOR COMPANY
SAEGERTOWN, PENNSYLVANIA


Certification Regarding Eligibility
To Apply For Worker Adjustment Assistance and
Negative Determination Regarding Eligibility To Apply For
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 February 28, 2014 by the United Steel Workers (USW),
Local 1917-02, on behalf of workers of Fisher and Ludlow, a
Nucor Company, Saegertown, Pennsylvania ("Fisher" or "subject
firm"). The workers' firm is engaged in activities related to
the production of steel bar grating.
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 steel bar
grating 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 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 there are
a significant number of workers in the workers' firm are 50
years of age or older; however, Section 246(a)(3)(A)(ii)(II) has
not been met because the workers in the workers' firm possess
skills that are easily transferrable and Section
246(a)(3)(A)(ii)(III) has not been met because conditions within
the workers' industry are not adverse.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Fisher, who are
engaged in activities related to the production of steel bar
grating, 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 Fisher and Ludlow, a Nucor Company,
Saegertown, Pennsylvania, who became totally or partially
separated from employment on or after February 27, 2013,
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 not 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 8th day of April, 2014


/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance











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