Petitioner Type: State
Impact Date: 12/18/2018
Filed Date: 12/19/2019
Most Recent Update: 01/17/2020
Determination Date: 01/17/2020
Expiration Date: 01/17/2022
Employment and Training Administration
TA-W-95,494
OVERLAND PRODUCTS COMPANY, INC.
INCLUDING ON-SITE LEASED WORKERS FROM PREMIER STAFFING, INC.
FREMONT, NEBRASKA
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(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 have become totally or
partially separated, or are threatened to become
totally or partially separated;
(2)(B)(i)(I) there has been a shift by the workers'
firm to a foreign country in the production of
articles or supply of services like or directly
competitive with those produced/supplied by the
workers' firm; OR
(II) there has been an acquisition from a
foreign country by the workers' firm of
articles/services that are like or directly
competitive with those produced/supplied by
the workers' firm; AND
(ii) the shift/acquisition must have contributed
importantly to the workers' separation or
threat of separation.
The investigation was initiated in response to a petition
filed on December 19, 2019 by a company official on behalf of
workers of Overland Products Company, Inc., Fremont, Nebraska
(Overland Products Company). The workers' firm is engaged in
activities related to the production of residential door and
window components. The subject worker group includes on-site
leased workers from Premier Staffing, Inc.
During the course of the investigation, information was
collected from the workers' firm and the petitioner.
Section 222(a)(1) has been met because a significant
number or proportion of the workers in Overland Products Company
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 workers'
firm has shifted to a foreign country the production of an
article like or directly competitive with the article produced
by the workers which contributed importantly to worker group
separations at Overland Products Company.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Overland Products
Company, who are engaged in activities related to the production
of residential door and window components, 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 Overland Products Company, Inc., including
on-site leased workers from Premier Staffing, Inc.,
Fremont, Nebraska, who became totally or partially
separated from employment on or after December 18, 2018
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 17th day of January 2020.
/s/Del-Min Amy Chen
______________________________
DEL-MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance