Certified
« back to search results

TAW-85787  /  Pacer Technology (Rancho Cucamonga, CA)

Petitioner Type: State
Impact Date: 01/22/2014
Filed Date: 01/23/2015
Most Recent Update: 02/23/2015
Determination Date: 02/23/2015
Expiration Date: 02/23/2017

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,787

PACER TECHNOLOGY
INCLUDING ON-SITE LEASED WORKERS FROM STERLING USA
RANCHO CUCAMONGA, CALIFORNIA

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 January 23, 2015 by a state workforce office on behalf
of workers of Pacer Technology, Rancho Cucamonga, California.
The workers' firm is engaged in activities related to the
production of bottled super glue. The worker group includes on-
site leased workers from Sterling USA.
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 bottled super
glue 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).

The Department has determined that Criterion II has not
been met because the workers in the workers' firm do not possess
skills that are not easily transferable. The investigation
revealed that similar manufacturing jobs are available within
the local commuting area and that the local unemployment rate
has fallen during the past year.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Pacer Technology,
including on-site leased workers from Sterling USA, Rancho
Cucamonga, California, who are engaged in activities related to
the production of bottled super glue 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 Pacer Technology, including on-site leased
workers from Sterling USA, Rancho Cucamonga, California,
who became totally or partially separated from employment
on or after January 22, 2014, 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 I further determine that all workers
of Pacer Technology, including on-site leased workers from
Sterling USA, Rancho Cucamonga, California are denied
eligibility to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974, as
amended."
Signed in Washington, D.C. this 23rd day of February, 2015.
/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance