Petitioner Type: Company
Impact Date: 01/20/2002
Filed Date: 01/22/2003
Most Recent Update: 02/11/2003
Determination Date: 02/11/2003
Expiration Date: 05/01/2005
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-50,633
BARRY OF GOLDSBORO
GOLDSBORO, NORTH CAROLINA
Notice of Revised Determination
on Reconsideration
By letter dated March 25, 2003, the company requested
administrative reconsideration regarding the Department’s
Negative Determination Regarding Eligibility to Apply for Worker
Adjustment Assistance, applicable to the workers of the subject
firm.
The initial investigation resulted in a negative
determination issued on February 11, 2003, was based on the
finding that the workers did not produce a product under the
meaning of Section 222 of the Act. The denial notice was
published in the Federal Register on March 26, 2003 (68 FR
14708).
To support the request for reconsideration, the company
supplied additional information to supplement that which was
gathered during the initial investigation. The company indicated
that the plant workers were also engaged in value-added
production that was necessary to complete the product (slippers).
An analysis of the functions supplied by the company on
reconsideration show that the workers were engaged not only
engaged in packaging and warehousing, but the actual finishing of
the product (slippers).
An examination of information provided by the company during
the initial investigation shows that the company shifted all
plant production and related functions to Mexico during the
relevant period.
Conclusion
After careful review of the additional facts obtained on
reconsideration, I conclude that there were layoffs and a shift in
production from the workers firm or subdivision to Mexico of
articles like or directly competitive with those produced at Barry
of Goldsboro, Goldsboro, North Carolina. In accordance with the
provisions of the Act, I make the following certification:
"All workers of Barry of Goldsboro, Goldsboro, North
Carolina, who became totally or partially separated from
employment on or after January 20, 2002 through two years
from the date of this certification, are eligible to apply
for adjustment assistance under Section 223 of the Trade Act
of 1974."
Signed in Washington, D.C. this 1st day of May 2003.
/s/ Elliott S. Kushner
________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-50,633
BARRY OF GOLDSBORO
GOLDSBORO, NORTH CAROLINA
Negative Determination Regarding Eligibility
To Apply For Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974, as
amended (19 USC 2273), the Department of Labor herein presents the
results of an investigation regarding certification of eligibility
to apply for worker adjustment assistance.
The investigation was initiated on January 22, 2003, in
response to a petition filed by a company official on behalf of
workers of at Barry of Goldsboro, Goldsboro, North Carolina. The
workers performed packaging and warehousing activities.
The investigation revealed that the petitioning workers of
this firm or subdivision do not produce an article within the
meaning of Section 222(c)(3) of the Act. The Department of Labor
has consistently determined that the performance of services does
not constitute production of an article, as required by Section 222
of the Trade Act of 1974, and this determination has been upheld in
the U.S. Court of Appeals.
Workers at the firm or subdivision may be certified only if
their separation was caused importantly by a reduced demand for
their services from a parent firm, a firm otherwise related to
their firm by ownership, or a firm related by control. Addition-
ally, the reduction in demand for services must originate at a
production facility whose workers independently meet the statutory
criteria for certification, and the reduction must directly relate
to the product impacted by imports. These conditions have not been
met for workers at this firm.
Conclusion
After careful review, I determine that all workers of Barry of
Goldsboro, Goldsboro, North Carolina are denied eligibility to
apply for adjustment assistance under Section 223 of the Trade Act
of 1974, as amended.
Signed at Washington, D.C., this 11th day of February 2003.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-50,633
BARRY OF GOLDSBORO
GOLDSBORO, NORTH CAROLINA
Negative Determination Regarding Eligibility
To Apply For Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974, as
amended (19 USC 2273), the Department of Labor herein presents the
results of an investigation regarding certification of eligibility
to apply for worker adjustment assistance.
The investigation was initiated on January 22, 2003, in
response to a petition filed by a company official on behalf of
workers of at Barry of Goldsboro, Goldsboro, North Carolina. The
workers performed packaging and warehousing activities.
The investigation revealed that the petitioning workers of
this firm or subdivision do not produce an article within the
meaning of Section 222(c)(3) of the Act. The Department of Labor
has consistently determined that the performance of services does
not constitute production of an article, as required by Section 222
of the Trade Act of 1974, and this determination has been upheld in
the U.S. Court of Appeals.
Workers at the firm or subdivision may be certified only if
their separation was caused importantly by a reduced demand for
their services from a parent firm, a firm otherwise related to
their firm by ownership, or a firm related by control. Addition-
ally, the reduction in demand for services must originate at a
production facility whose workers independently meet the statutory
criteria for certification, and the reduction must directly relate
to the product impacted by imports. These conditions have not been
met for workers at this firm.
Conclusion
After careful review, I determine that all workers of Barry of
Goldsboro, Goldsboro, North Carolina are denied eligibility to
apply for adjustment assistance under Section 223 of the Trade Act
of 1974, as amended.
Signed at Washington, D.C., this 11th day of February 2003.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-50,633
BARRY OF GOLDSBORO
GOLDSBORO, NORTH CAROLINA
Notice of Revised Determination
on Reconsideration
By letter dated March 25, 2003, the company requested
administrative reconsideration regarding the Department’s
Negative Determination Regarding Eligibility to Apply for Worker
Adjustment Assistance, applicable to the workers of the subject
firm.
The initial investigation resulted in a negative
determination issued on February 11, 2003, was based on the
finding that the workers did not produce a product under the
meaning of Section 222 of the Act. The denial notice was
published in the Federal Register on March 26, 2003 (68 FR
14708).
To support the request for reconsideration, the company
supplied additional information to supplement that which was
gathered during the initial investigation. The company indicated
that the plant workers were also engaged in value-added
production that was necessary to complete the product (slippers).
An analysis of the functions supplied by the company on
reconsideration show that the workers were engaged not only
engaged in packaging and warehousing, but the actual finishing of
the product (slippers).
An examination of information provided by the company during
the initial investigation shows that the company shifted all
plant production and related functions to Mexico during the
relevant period.
Conclusion
After careful review of the additional facts obtained on
reconsideration, I conclude that there were layoffs and a shift in
production from the workers firm or subdivision to Mexico of
articles like or directly competitive with those produced at Barry
of Goldsboro, Goldsboro, North Carolina. In accordance with the
provisions of the Act, I make the following certification:
"All workers of Barry of Goldsboro, Goldsboro, North
Carolina, who became totally or partially separated from
employment on or after January 20, 2002 through two years
from the date of this certification, are eligible to apply
for adjustment assistance under Section 223 of the Trade Act
of 1974."
Signed in Washington, D.C. this 1st day of May 2003.
/s/ Elliott S. Kushner
________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-50,633
BARRY OF GOLDSBORO
GOLDSBORO, NORTH CAROLINA
Negative Determination Regarding Eligibility
To Apply For Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974, as
amended (19 USC 2273), the Department of Labor herein presents the
results of an investigation regarding certification of eligibility
to apply for worker adjustment assistance.
The investigation was initiated on January 22, 2003, in
response to a petition filed by a company official on behalf of
workers of at Barry of Goldsboro, Goldsboro, North Carolina. The
workers performed packaging and warehousing activities.
The investigation revealed that the petitioning workers of
this firm or subdivision do not produce an article within the
meaning of Section 222(c)(3) of the Act. The Department of Labor
has consistently determined that the performance of services does
not constitute production of an article, as required by Section 222
of the Trade Act of 1974, and this determination has been upheld in
the U.S. Court of Appeals.
Workers at the firm or subdivision may be certified only if
their separation was caused importantly by a reduced demand for
their services from a parent firm, a firm otherwise related to
their firm by ownership, or a firm related by control. Addition-
ally, the reduction in demand for services must originate at a
production facility whose workers independently meet the statutory
criteria for certification, and the reduction must directly relate
to the product impacted by imports. These conditions have not been
met for workers at this firm.
Conclusion
After careful review, I determine that all workers of Barry of
Goldsboro, Goldsboro, North Carolina are denied eligibility to
apply for adjustment assistance under Section 223 of the Trade Act
of 1974, as amended.
Signed at Washington, D.C., this 11th day of February 2003.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-50,633
BARRY OF GOLDSBORO
GOLDSBORO, NORTH CAROLINA
Negative Determination Regarding Eligibility
To Apply For Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974, as
amended (19 USC 2273), the Department of Labor herein presents the
results of an investigation regarding certification of eligibility
to apply for worker adjustment assistance.
The investigation was initiated on January 22, 2003, in
response to a petition filed by a company official on behalf of
workers of at Barry of Goldsboro, Goldsboro, North Carolina. The
workers performed packaging and warehousing activities.
The investigation revealed that the petitioning workers of
this firm or subdivision do not produce an article within the
meaning of Section 222(c)(3) of the Act. The Department of Labor
has consistently determined that the performance of services does
not constitute production of an article, as required by Section 222
of the Trade Act of 1974, and this determination has been upheld in
the U.S. Court of Appeals.
Workers at the firm or subdivision may be certified only if
their separation was caused importantly by a reduced demand for
their services from a parent firm, a firm otherwise related to
their firm by ownership, or a firm related by control. Addition-
ally, the reduction in demand for services must originate at a
production facility whose workers independently meet the statutory
criteria for certification, and the reduction must directly relate
to the product impacted by imports. These conditions have not been
met for workers at this firm.
Conclusion
After careful review, I determine that all workers of Barry of
Goldsboro, Goldsboro, North Carolina are denied eligibility to
apply for adjustment assistance under Section 223 of the Trade Act
of 1974, as amended.
Signed at Washington, D.C., this 11th day of February 2003.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance