Petitioner Type: Company
Impact Date: 12/01/2002
Filed Date: 12/04/2003
Most Recent Update: 12/18/2003
Determination Date: 12/18/2003
Expiration Date: 12/18/2005
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-53,712
DAN POST BOOT COMPANY
COWBOY WESTERN BOOT DIVISION
WAVERLY, TENNESSEE
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 December 4, 2003, in
response to a petition filed by a company official on behalf of
workers of Dan Post Boot Company, Cowboy Western Boot Division,
Waverly, Tennessee. The workers produce cowboy western boots.
The preponderance in the declines in employment at the
subject firm is related to a shift in production to Mexico.
The petitioner also requested consideration for Alternative
Trade Adjustment Assistance (ATAA).
In order to issue a certification of eligibility to apply
for ATAA for older workers, the group eligibility requirements
of Section 246(a)(3)(A)(ii) of the Trade Act must be met. The
Department has determined in this case that the requirements
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 there was a shift in production
from the workers' firm or subdivision to Mexico of articles that
are like or directly competitive with those produced by the
subject firm or subdivision. In accordance with the provisions
of th e Act, I make the following certification:
"All workers of Dan Post Boot Company, Cowboy Western Boot
Division, Waverly, Tennessee who became totally or
partially separated from employment on or after December 1,
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 18th day of December 2003.
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance