TAW-85662 / Leonard & Harral Packing Company, Inc. (San Antonio, TX)
Petitioner Type: Workers
Impact Date: 11/14/2013
Filed Date: 11/20/2014
Most Recent Update: 12/09/2014
Determination Date: 12/09/2014
Expiration Date: 12/09/2016
Employment and Training Administration
TA-W-85,662
LEONARD & HARRAL PACKING COMPANY, INC.
SAN ANTONIO, TEXAS
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 November 20, 2014 on behalf of workers of Leonard &
Harral Packing Company, Inc., San Antonio, Texas. The workers'
firm is engaged activities related to the production of beef.
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)(A)(i) has been met because the sales
and/or production of beef products by Leonard & Harral Packing
Company, Inc., San Antonio, Texas have decreased absolutely.
Section 222(a)(2)(A)(ii) has been met because imports of
articles like or directly competitive with the articles
produced by Leonard & Harral Packing Company, Inc., San
Antonio, Texas 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 Leonard & Harral
Packing Company, Inc., San Antonio, Texas.
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 Leonard & Harral
Packing Company, Inc., San Antonio, Texas, who are engaged in
activities related to the production of beef 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 Leonard & Harral Packing Company, Inc.,
San Antonio, Texas, who became totally or partially
separated from employment on or after November 14, 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 9th day of December, 2014
/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance