Petitioner Type: Workers
Impact Date:
Filed Date: 11/18/2003
Most Recent Update: 11/24/2003
Determination Date: 11/24/2003
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-53,563
PILLOWTEX CORPORATION
FIELDCREST CANNON
COMMERCE, GEORGIA
Negative Determination 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 investigation was initiated on November 18, 2003, in
response to a petition filed on behalf of workers at Pillowtex
Corporation, Fieldcrest Cannon, Commerce, Georgia. Workers at the
subject facility are engaged in retail sales.
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.
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.
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 are denied eligibility to apply for TAA, the workers cannot
be certified eligible for ATAA.
Conclusion
After careful review, I determine that all workers of
Pillowtex Corporation, Fieldcrest Cannon, Commerce, Georgia 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 24th day of November 2003.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-53,563
PILLOWTEX CORPORATION
FIELDCREST CANNON
COMMERCE, GEORGIA
Negative Determination 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 investigation was initiated on November 18, 2003, in
response to a petition filed on behalf of workers at Pillowtex
Corporation, Fieldcrest Cannon, Commerce, Georgia. Workers at the
subject facility are engaged in retail sales.
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.
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.
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 are denied eligibility to apply for TAA, the workers cannot
be certified eligible for ATAA.
Conclusion
After careful review, I determine that all workers of
Pillowtex Corporation, Fieldcrest Cannon, Commerce, Georgia 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 24th day of November 2003.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance