Petitioner Type: Union
Impact Date: 09/25/2013
Filed Date: 10/08/2014
Most Recent Update: 11/20/2014
Determination Date: 11/20/2014
Expiration Date: 11/20/2016
Employment and Training Administration
TA-W-85,580
ARDAGH GLASS INC.
INCLUDING ON-SITE LEASED
WORKERS FROM MANPOWER
SALEM, NEW JERSEY
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)(A)(i) the sales or production, or both, of such firm or
subdivision have decreased absolutely; and
(ii) imports of articles like or directly competitive
with articles produced by such firm or subdivision have
increased; and
(iii) the increase in imports described in clause (ii)
contributed importantly to such workers' separation or
threat of separation and to the decline in the sales or
production of such firm or subdivision
The investigation was initiated in response to a petition
filed on October 8, 2014 the Glass Molders Pottery Plastics &
Allied Workers International Union (GMP), Local 6, Local 21,
Local 157 on behalf of workers of Ardagh Glass, Salem, New
Jersey. The workers' firm is engaged activities related to the
production of glass containers for food and beverage products.
The worker group includes on-site leased workers from Manpower.
During the course of the investigation, information was
collected from the workers' firm and the United States
International Trade Commission.
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)(A)(i) has been met because the sales
and production of glass containers for food and beverage
products by Ardagh Glass, including on-site leased workers
from Manpower, Salem, New Jersey have decreased absolutely.
Section 222(a)(2)(A)(ii) has been met because imports of
articles like or directly competitive with the article
produced by Ardagh Glass have increased.
Finally, Section 222(a)(2)(A)(iii) has been met because
increased imports contributed importantly to the worker group
separations and sales/production declines at Ardagh Glass,
Salem, New Jersey.
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 Ardagh Glass,
including on-site leased workers from Manpower, Salem, New
Jersey, who are engaged in activities related to the production
of glass containers for food and beverage products meet the
worker group certification criteria under 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 Ardagh Glass, including on-site leased
workers from Manpower, Salem, New Jersey, who became
totally or partially separated from employment on or after
September 25, 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 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 20th day of November, 2014
/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance