TAA Decision 64944
Note: Determinations for this case number, this case number with an alphabetic suffix, and any appeals or amendments appear below.
DEPARTMENT OF LABOR Employment and Training Administration TA-W-64,944 INVISTA S.A.R.L. INCLUDING ON-SITE LEASED WORKERS OF MUNDY MAINTENANCE SERVICES AND OPERATIONS,LLC WAYNESBORO, VIRGINIA 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 (19 USC 2273), as amended, the Department of Labor herein presents the results of an investigation regarding certification of eligibility to apply for worker adjustment assistance. In order to make an affirmative determination and issue a certification of eligibility to apply for Trade Adjustment Assistance, the group eligibility requirements in either paragraph (a)(2)(A) or (a)(2)(B) of Section 222 of the Trade Act must be met. It is determined in this case that the requirements of (a)(2)(B) of Section 222 have been met. The investigation was initiated on January 22, 2009 in response to a petition filed by an official of United Workers, Inc., IBDW local 381, on behalf of the workers at INVISTA S.a.r.l., Waynesboro, Virginia. The worker group includes on-site leased workers of Mundy Maintenance, Services and Operations, LLC. Workers produced Bulked Continuous Filament (BCF) nylon yarns. Workers are not separately identifiable by specific product. The investigation revealed that a significant portion of workers at the subject firm are threatened with separation. The subject firm is shifting production of Bulked Continuous Filament (BCF) nylon yarns to Canada, a country that is party to a free trade agreement with the United States. In accordance with Section 246 the Trade Act of 1974 (26 USC 2813), as amended, 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. In order for the Department to issue a certification of eligibility to apply for ATAA, the group eligibility requirements of Section 246 of the Trade Act must be met. The Department has determined in this case that the requirements of Section 246 have been met. A significant number of workers at the subject facilities are age 50 or over and possess skills that are not easily transferable. Competitive conditions within the industry are adverse. Conclusion After careful review of the facts obtained in the investigation, I conclude that there was a shift in production from the workers' firm or subdivision to Canada of articles that are like or directly competitive with those produced by the subject firm or subdivision. In accordance with the provisions of the Act, I make the following certification: "All workers INVISTA S.a.r.l., including on-site leased workers of Mundy Maintenance, Services and Operations, LLC, Waynesboro, Virginia, who became totally or partially separated from employment on or after January 20, 2008 through two years from the date of certification are eligible to apply for adjustment assistance under Section 223 of the Trade Act of 1974, and are also eligible to apply for alternative trade adjustment assistance under Section 246 of the Trade Act of 1974." Signed in Washington, D.C., this 19th day of February 2009 /s/Richard Church RICHARD CHURCH Certifying Officer, Division of Trade Adjustment Assistance