Petitioner Type: Company
Impact Date: 11/11/2002
Filed Date: 11/17/2003
Most Recent Update: 12/09/2003
Determination Date: 12/09/2003
Expiration Date: 12/09/2005
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-53,547
HARTZ – BROADWAY, INC.
A DIVISION OF HARTZ & COMPANY, INC.
BROADWAY, 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 its 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)(A) of Section 222 have been met.
The investigation was initiated on November 17, 2003, in response to a petition filed by a company official on behalf of workers at Hartz-Broadway, Inc., a division of Hartz & Company, Inc., Broadway, Virginia. The workers at the subject firm produce slacks.
The investigation revealed that sales, production and employment at the subject firm decreased from 2001 to 2002 and further decreased during the period of January through October of 2003 when compared to the same period in 2002.
The Department of Labor surveyed the subject firm’s major declining customer regarding its purchases of slacks. This survey revealed increases in imports of slacks during the period under investigation.
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 firm 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 increases of imports of articles like or directly competitive with slacks produced at Hartz-Broadway, Inc., a division of Hartz & Company, Inc., Broadway, Virginia contributed importantly to the total or partial separation of workers and to the decline in sales or production and at that firm or subdivision. In accordance with the provisions of the Act, I make the following certification:
"All workers of Hartz-Broadway, Inc., a division of Hartz & Company, Inc., Broadway, Virginia who became totally or partially separated from employment on or after November 11, 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 are eligible to apply for alternative trade adjustment assistance under Section 246 of the Trade Act of 1974."
Signed in Washington, D. C. this 9th day of December 2003.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-53,547
HARTZ – BROADWAY, INC.
A DIVISION OF HARTZ & COMPANY, INC.
BROADWAY, 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 its 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)(A) of Section 222 have been met.
The investigation was initiated on November 17, 2003, in response to a petition filed by a company official on behalf of workers at Hartz-Broadway, Inc., a division of Hartz & Company, Inc., Broadway, Virginia. The workers at the subject firm produce slacks.
The investigation revealed that sales, production and employment at the subject firm decreased from 2001 to 2002 and further decreased during the period of January through October of 2003 when compared to the same period in 2002.
The Department of Labor surveyed the subject firm’s major declining customer regarding its purchases of slacks. This survey revealed increases in imports of slacks during the period under investigation.
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 firm 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 increases of imports of articles like or directly competitive with slacks produced at Hartz-Broadway, Inc., a division of Hartz & Company, Inc., Broadway, Virginia contributed importantly to the total or partial separation of workers and to the decline in sales or production and at that firm or subdivision. In accordance with the provisions of the Act, I make the following certification:
"All workers of Hartz-Broadway, Inc., a division of Hartz & Company, Inc., Broadway, Virginia who became totally or partially separated from employment on or after November 11, 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 are eligible to apply for alternative trade adjustment assistance under Section 246 of the Trade Act of 1974."
Signed in Washington, D. C. this 9th day of December 2003.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance