Denied
« back to search results

TAW-51687A  /  Oshkosh B'Gosh, Inc (Oshkosh, WI)

Petitioner Type: Workers
Impact Date:
Filed Date: 05/06/2003
Most Recent Update: 05/15/2003
Determination Date: 05/15/2003
Expiration Date:



DEPARTMENT OF LABOR

Employment and Training Administration
TA-W-51,687
OSHKOSK B'GOSH, INC.
OSHKOSH, WISCONSIN

TA-W-51,687A
OSHKOSH B'GOSH RETAIL, INC.
OSHKOSH, WISCONSIN

TA-W-51,687B
OBG PRODUCT DEVELOPMENT AND SALES, INC.
OSHKOSH, WISCONSIN

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 in response to a petition
received on May 6, 2003 and filed on behalf of workers at
Oshkosh B'Gosh, Inc., Oshkosh B'Gosh Retail, Inc., and OBG
Product Development and Sales, Inc. All three companies are
located in Oshkosh, Wisconsin. Workers at the three affiliated
companies provide retail support, information technology,
administrative support, and customer services.
The investigation revealed that the petitioning workers of
these firms 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.
Additionally, 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 these companies.
Conclusion
After careful review, I determine that all workers of
Oshkosh B'Gosh, Inc. (TA-W-51,687), Oshkosh B'Gosh Retail, Inc.
(TA-W-51,687A), and OBG Product Development and Sales, Inc. (TA-
W-51,687B), all of Oshkosh, Wisconsin covered by the petition
filed May 5, 2003 are denied eligibility to apply for adjustment
assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 14th day of May 2003.

/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance