Petitioner Type: Union
Impact Date: 01/23/2016
Filed Date: 01/24/2017
Most Recent Update: 03/15/2017
Determination Date: 03/15/2017
Expiration Date: 03/15/2019
Employment and Training Administration
TA-W-92,567
THE ELECTRIC MATERIALS COMPANY
A SUBSIDIARY OF UNITED STARS HOLDINGS
NORTH EAST, PENNSYLVANIA
Certification Regarding Eligibility
To Apply for Worker 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(b) of the Act, 19 U.S.C. § 2272(b), can be
satisfied if the following criteria are met:
(1) a significant number or proportion of the workers in
the 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) the workers' firm is a Supplier or Downstream Producer
to a firm that employed a group of workers who received a
certification of eligibility under Section 222(a) of the
Act, 19 U.S.C. § 2272(a), and such supply or production is
related to the article or service that was the basis for
such certification; and
(3) either
(A) the workers' firm is a supplier and the component
parts it supplied to the firm described in paragraph
(2) accounted for at least 20 percent of the
production or sales of the workers' firm;
or
(B) a loss of business by the workers' firm with the
firm described in paragraph (2) contributed
importantly to the workers' separation or threat of
separation.
Section 222(c) of the Act, 19 U.S.C. § 2272(c), defines the
term "Supplier" as "a firm that produces and supplies directly
to another firm component parts for articles, or services used
in the production of articles or in the supply of services, as
the case may be, that were the basis for a certification of
eligibility under subsection (a) [of Section 222 of the Act] of
a group of workers employed by such other firm."
The investigation was initiated in response to a petition
filed on January 24, 2017, by the United Electrical Workers,
Local 684, on behalf of workers of The Electric Materials
Company, a subsidiary of United Stars Holdings, North East,
Pennsylvania (The Electric Materials Company). The workers' firm
is engaged in activities related to the production of copper
switch gear components. The worker group does not include any
on-site leased workers.
During the course of the investigation, information was
collected from the workers' firm and the petitioner.
Section 222(b)(1) has been met because a significant
number or proportion of the workers in The Electric Materials
Company have become totally or partially separated, or are
threatened to become totally or partially separated.
Section 222(b)(2) has been met because The Electric
Materials Company is a Supplier to a firm that employed a group
of workers who received a certification of eligibility under
Section 222(a) of the Act, 19 U.S.C. § 2272(a), and such supply
is related to the finished article that was the basis for such
certification.
Section 222(b)(3)(A) has been met because the copper
switch gear components produced by The Electric Materials
Company for a firm that employed a certified worker group
accounted for at least 20 percent of the production or sales
of The Electric Materials Company.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of The Electric
Materials Company, who are engaged in activities related to the
production of copper switch gear components, meet the worker
group certification criteria under Section 222(b) of the Act, 19
U.S.C. § 2272(b). In accordance with Section 223 of the Act, 19
U.S.C. § 2273, I make the following certification:
"All workers of The Electric Materials Company, a
subsidiary of United Stars Holdings, North East,
Pennsylvania, who became totally or partially separated
from employment on or after January 23, 2016, through two
years from the date of certification, and all workers in
the group threatened with total or partial separation from
employment on the date of certification 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."
Signed in Washington, D.C. this 15th day of March 2017.
/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance