DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-53,938

OSHKOSH B’GOSH, INC.
OSHKOSH, WISCONSIN

Notice of Determination
Regarding Application for Reconsideration

By application of February 3, 2004, a petitioner requested
administrative reconsideration of the Department's negative
determination regarding eligibility for workers and former
workers of the subject firm to apply for Trade Adjustment
Assistance (TAA). The denial notice was signed on January 12,
2004 and published in the Federal Register on February 6, 2004
(69 FR 5866).
Pursuant to 29 CFR 90.18(c) reconsideration may be granted
under the following circumstances:
(1) If it appears on the basis of facts not previously
considered that the determination complained of
was erroneous;
(2) if it appears that the determination complained of
was based on a mistake in the determination of facts
not previously considered; or


(3) if in the opinion of the Certifying Officer, a mis-
interpretation of facts or of the law justified
reconsideration of the decision.
The TAA petition, filed on behalf of workers at OshKosh
B’Gosh, Inc., Oshkosh, Wisconsin engaged in activities related to
information technology and administrative services at the
Corporate Headquarters, was denied because the petitioning
workers did not produce an article within the meaning of Section
222 of the Act.
The petitioner alleges that the petitioning group of workers
were in direct contact with and solely responsible in supplying
communications support to Oshkosh B’Gosh manufacturing facilities
in Albany and Liberty, Kentucky. The workers of these facilities
were certified eligible for TAA on November 24, 2003.
A company official was contacted to verify whether workers
at the subject facility were performing services for Oshkosh
B’Gosh manufacturing plants during the relevant period. The
company official stated that only workers of the Computer Marking
Department and Information Technology Department of the subject
firm were in support of production at the manufacturing
facilities within Oshkosh B’Gosh, Inc. Workers of these
departments performed information technologies functions and
prepared computerized instructions for production affiliates and
were separately identifiable from all other workers at the
subject facility. It was further revealed that the worker
separations from Computer Marking and Information Technology
Departments were caused by a reduced demand for their services
from several manufacturing subdivisions which shifted production
to foreign countries during the relevant period. The official
further reported that the rest of the employees separated from
the subject firm during the relevant time period did not support
production at the manufacturing facilities and were not affected
by their closures.
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 of the Oshkosh B’Gosh, Inc., Computer Marking
Department and Information Technology Department, Oshkosh,
Wisconsin.
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 1 has not been
met. The investigation revealed that less than three workers of
the affected group of workers are age 50 of over.












Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with articles produced by Oshkosh
B’Gosh, Inc. contributed importantly to the total or partial
separation of workers and to the decline in sales or production at
that firm or subdivision. In accordance with the provisions of the
Act, I make the following certification:
"All workers of the Oshkosh B’Gosh, Inc., Computer Marking
Department and Information Technology Department, Oshkosh,
Wisconsin, who became totally or partially separated from
employment on or after December 29, 2002 through two years
from the date of this certification, are eligible to apply
for adjustment assistance under Section 223 of the Trade Act
of 1974, and are denied eligibility to apply for alternative
trade adjustment assistance under Section 246 of the Trade
Act of 1974"
and;
“I further determine that all other workers at Oshkosh B’Gosh,
Inc., Oshkosh, Wisconsin are denied eligibility to apply for
adjustment assistance under Section 223 of the Trade Act of 1974
and are denied eligibility to apply for alternative trade adjust-
ment assistance under Section 246 of the Trade Act of 1974."
Signed at Washington, D.C., this 14th day of July, 2004
/s Elliott S. Kushner

_______________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance