Petitioner Type: Workers
Impact Date:
Filed Date: 08/18/2003
Most Recent Update: 11/21/2003
Determination Date: 11/21/2003
Expiration Date:
Employment and Training Administration
TA-W-52,577
ALLEN-EDMONDS SHOE CORPORATION
MILWAUKEE, WISCONSIN
TA-W-52,577A
ALLEN-EDMONDS SHOE CORPORATION
PORT WASHINGTON, WISCONSIN
Determinations Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Alternative Trade 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 group eligibility
requirements for directly-impacted (primary) workers under Section
222(a) the Trade Act of 1974, as amended, can be satisfied in
either of two ways:
I. Section (a)(2)(A) all of the following must be satisfied:
A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm,
have become totally or partially separated, or are
threatened to become totally or partially separated;
B. the sales or production, or both, of such firm or
subdivision have decreased absolutely; and
C. increased imports of articles like or directly competitive
with articles produced by such firm or subdivision have
contributed importantly to such workers' separation or
threat of separation and to the decline in sales or
production of such firm or subdivision; or
II. Section (a)(2)(B) both of the following must be satisfied:
A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the
firm, have become totally or partially separated, or are
threatened to become totally or partially separated;
B. there has been a shift in production by such workers' firm
or subdivision to a foreign country of articles like or
directly competitive with articles which are produced by
such firm or subdivision; and
C. One of the following must be satisfied:
1. the country to which the workers' firm has shifted
production of the articles is a party to a free trade
agreement with the United States;
2. the country to which the workers' firm has shifted
production of the articles is a beneficiary country
under the Andean Trade Preference Act, African Growth
and Opportunity Act, or the Caribbean Basin Economic
Recovery Act; or
3. there has been or is likely to be an increase in
imports of articles that are like or directly
competitive with articles which are or were produced
by such firm or subdivision.
The investigation was initiated on August 18, 2003, in
response to a petition filed on behalf of workers of Allen-Edmonds
Shoe Corporation, Milwaukee, Wisconsin, and Allen-Edmonds Shoe
Corporation, Port Washington, Wisconsin. Workers at the Milwaukee
location (TA-W-52,577) manufacture men's shoe uppers. Workers at
the Port Washington location (TA-W-52,577A) manufacture men's shoe
soles (TA-W-52,577A).
It is determined in this case that with respect to workers of
Allen-Edmonds Shoe Corporation, Milwaukee, Wisconsin (TA-W-52,577),
the requirements of (a)(2)(B) of Section 222 have been met.
The investigation revealed that the decline in employment at
Allen-Edmonds Shoe Corporation, Milwaukee, Wisconsin (TA-W-52,577)
is attributable to a shift in production of men's shoe uppers from
the workers firm to Mexico, a country that is a party to a free
trade agreement with the United States.
It is determined with respect to Allen-Edmonds Shoe
Corporation, Port Washington, Wisconsin (TA-W-52,577A) that
criteria (a)(2)(A)(I.A) and (a)(2)(B)(II.A) have not been met.
The investigation revealed that employment at Allen-Edmonds
Shoe Corporation, Port Washington, Wisconsin (TA-W-52,577A)
increased from 2001 to 2002, and again from January to September
2003 when compared to the same time period in 2002.
In addition, 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.
The group eligibility criteria for the ATAA program
that the Department must consider under Section 246 of the
Trade Act are:
1. Whether a significant number of workers in the
workers' firm are 50 years of age or older.
2. Whether the workers in the workers' firm possess skills
that are not easily transferable.
3. The competitive conditions within the workers' industry
(i.e., conditions within the industry are adverse).
The Department has determined that criterion (2) has not been
met for workers of Allen-Edmonds Shoe Corporation, Milwaukee,
Wisconsin (TA-W-52,577). The workers job skills are considered to
be easily transferable.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the worker group must be certified
eligible to apply for trade adjustment assistance (TAA). Since
the workers of Allen-Edmonds Shoe Corporation, Port Washington,
Wisconsin, are denied eligibility to apply for TAA, the workers
cannot be certified eligible for ATAA.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that there was a shift in production
from the workers firm to Mexico, of articles that are like or
directly competitive with shoe uppers produced by Allen-Edmonds
Shoe Corporation, Milwaukee, Wisconsin.
In accordance with the provisions of the Act, I make the
following certification:
"All workers of Allen-Edmonds Shoe Corporation, Milwaukee,
Wisconsin (TA-W-52,577), who became totally or partially
separated from employment on or after August 14, 2002,
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
I further determine that all workers of Allen-Edmonds Shoe
Corporation, Milwaukee, Wisconsin (TA-W-52,577) are denied
eligibility to apply for alternative trade adjustment assistance
under Section 246 of the Trade Act of 1974.
Furthermore, I determine that all workers of Allen-Edmonds
Shoe Corporation, Port Washington, Wisconsin (TA-W-52,577A) are
denied eligibility to apply for adjustment assistance under section
223 of the Trade Act of 1974, and alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974.
Signed in Washington, D.C., this 21st day of November, 2003.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance