DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-53,566

FISHMAN & TOBIN, INC.
SAMPLES DIVISION
CONSHOHOCKEN, PENNSYLVANIA

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, 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.
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)(B) of
Section 222 have been met.
The investigation was initiated on November 18, 2003 in
response to a petition filed by a representative of the Union of
Needletrades, Industrial and Textile Employees on behalf of workers
at Fishman and Tobin, Inc., Samples Division, Conshohocken,
Pennsylvania. The workers at the subject firm produce children's
clothing samples.
The investigation revealed that employment at the subject
division declined absolutely from 2002 to October 2003.
The preponderance in the declines in employment at the subject
division is related to a shift in production of children's clothing
samples to a country (Dominican Republic) that is a party to the
Caribbean Basin Economic Recovery Act.
In addition, 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 determine that there was a shift in production
from the workers' firm or subdivision to The Dominican Republic of
articles that are like or directly competitive with those produced
by the subject firm or subdivision. In accordance with the
provisions of the Act, I make the following certification:
"All workers of Fishman and Tobin, Inc., Samples Division,
Conshohocken, Pennsylvania who became totally or partially
separated from employment on or after November 7, 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 also eligible to apply for alternative trade
adjustment assistance under Section 246 of the Trade Act of
1974."

Signed in Washington, D.C. this 16th day of December 2003

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