Petitioner Type: Union
Impact Date:
Filed Date: 04/18/2003
Most Recent Update: 04/29/2003
Determination Date: 04/29/2003
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-51,537
TRU-STITCH FOOTWEAR
DIVISION OF WOLVERINE WORLDWIDE, INC.
MALONE, NEW YORK
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 April 18, 2003, in
response to a petition filed by United Food and Commercial
Workers Union, District Union One on behalf of workers of Tru-
Stitch Footwear, Division of Wolverine Worldwide, Inc., Malone,
New York. The workers performed warehousing, packing and
labeling services.
The investigation revealed that the petitioning workers of
this firm or subdivision do not produce an article within the
meaning of Section 222 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 Tru-
Stitch Footwear, Division of Wolverine Worldwide, Inc., Malone,
New York are denied eligibility to apply for adjustment
assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 29th day of April 2003.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance