Petitioner Type: State
Impact Date: 01/24/2021
Filed Date: 01/25/2022
Most Recent Update: 06/29/2022
Determination Date: 06/29/2022
Expiration Date: 06/29/2024
UNITED STATES DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-98,175
BOYD CORPORATION
PORTLAND, OREGON
Certification Regarding Eligibility
To Apply For Worker Adjustment Assistance and
Negative Determination Regarding Eligibility To Apply For
Alternative Trade Adjustment Assistance
TRADE ADJUSTMENT ASSISTANCE
In accordance with Section 223 of the Trade Act of 1974, as
amended ("the Act"), 19 U.S.C. § 2273, the Department of Labor
("Department") herein presents the results of an investigation
regarding certification of eligibility to apply for Trade
Adjustment Assistance ("TAA") for workers.
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 Trade
Adjustment Assistance for Workers (TAA) and Alternative Trade
Adjustment Assistance (ATAA) petition dated January 24, 2022 and
filed on January 25, 2022 by State workforce official, on behalf
of former workers of Boyd Corporation, Portland, Oregon
(hereafter referred to as the "worker group"). In accordance with
20 C.F.R. 618.110 a worker group is defined as, ""¦inclusive of
teleworkers and staffed workers."
The worker group is engaged in activities related to the
production of thermal and acoustic insulation, gaskets,
environmental seals, adhesive systems, protective films, heat
shields, and other polymeric components.
The petition alleges that worker separations, or threats
thereof, were due to, "WARN issued with announcement of closure
planned 10-1-22. Company manufactures high-tech thermal sealing
technologies for medical, industrial, aerospace, and other
components. This is a global company."
During the course of the investigation, the Department
collected information from the petitioner(s), the workers' firm,
and other relevant sources.
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 a portion of
production of thermal and acoustic insulation, gaskets,
environmental seals, adhesive systems, protective films, heat
shields, and other polymeric components has been shifted by the
firm to a foreign country and 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.
ALTERNATIVE TRADE ADJUSTMENT ASSISTANCE
In accordance with Section 246 the Trade Act of 1974, as
amended ("Act"), 19 U.S.C. § 2813, the Department 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
246(a)(3)(A)(ii)(II) has not been met because the workers in the
workers' firm possess skills that are easily transferrable.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Boyd Corporation,
Portland, Oregon, who are engaged in activities related to the
production of thermal and acoustic insulation, gaskets,
environmental seals, adhesive systems, protective films, heat
shields, and other polymeric components 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 Boyd Corporation, Portland, Oregon, who
became totally or partially separated from employment on or
after January 24, 2021, 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 Boyd Corporation, Portland, Oregon 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 29th day of June, 2022
/s/ Jessica R. Webster
_______________________
JESSICA R. WEBSTER
Certifying Officer, Office of
Trade Adjustment Assistance