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