Petitioner Type: Union
Impact Date: 01/07/2003
Filed Date: 01/13/2004
Most Recent Update: 02/11/2004
Determination Date: 02/11/2004
Expiration Date: 02/11/2006
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-53,997
HOLLISTER, INC.
KIRKSVILLE MANUFACTURING
KIRKSVILLE, MISSOURI
Notice of Determination
Of Alternative Trade Adjustment Assistance
On Remand
The U.S. Court of International Trade (USCIT) granted the
Secretary of Labor’s motion for a voluntary remand for further
investigation in Former Employees of Hollister, Inc. v. Elaine
Chao, U.S. Secretary of Labor, No. 04-00262, on February 1, 2005.
The workers of Hollister, Inc., Kirksville Manufacturing,
Kirksville, Missouri (“Hollister”) were certified as eligible to
apply for Trade Adjustment Assistance (TAA) on February 11, 2004.
The Notice of determination was published in the Federal Register
on March 12, 2004 (69 FR 11890).
By letter dated March 19, 2004, the United Automotive
Workers, Local 710, requested that Alternative Trade Adjustment
Assistance (ATAA) be included in the TAA petition. The request
was dismissed because the application for ATAA was not filed with
the TAA petition, as required by the Secretary’s interpretation
of Section 246 of the Trade Act, Training and Employment Guidance
Letter No. 2-03 (August 6, 2003). 69 FR 60904, October 13, 2004.
On June 28, 2004, the Plaintiff appealed to the USCIT,
asserting that the workers were not provided the assistance and
opportunity to request ATAA because the requirements for applying
for ATAA were ambiguous.
On October 29, 2004, the Department issued Training and
Employment Guidance Letter No. 2-03, Change 2, “Requests for
Certification under the Alternative Trade Adjustment Assistance
(ATAA) Program for Certain Worker Groups Covered by Certified TAA
Petitions” (TEGL 2-03, Change 2). 70 FR 8829-02, February 23,
2005. The Department’s new TEGL concerning the filing of
requests for group ATAA certification provides that worker groups
whose petitions were still in process at the time of
implementation of the ATAA program on August 6, 2003 and
certified worker groups who filed petitions which did not include
an option to apply for ATAA may request group ATAA certification
after the filing of a TAA petition.
The Department construes the Plaintiff’s letters as timely
requests for group ATAA certification under TEGL 2-03, Change 2.
Accordingly, the Department has conducted an investigation to
determine the workers’ eligibility to apply for ATAA
certification.
The group eligibility certification criteria for the ATAA
program under Section 246 the Trade Act of 1974 (19 USC 2813), as
amended, established that the Department must determine whether a
significant number of workers in the workers' firm are 50 years
of age or older, whether the workers in the workers' firm possess
skills that are not easily transferable, and whether the
competitive conditions within the workers' industry are adverse.
The remand investigation revealed that at least five percent
of the workforce at the subject firm is at least fifty years of
age, the workers possess skills that are not easily transferable,
and competitive conditions within the industry are adverse.
Conclusion
After careful review of the facts, I conclude that the
requirements of Section 246 of the Trade Act of 1974, as amended,
have been met for workers at the subject firm. In accordance
with the provisions of the Act, I make the following
certification:
"All workers at Hollister, Inc., Kirksville Manufacturing,
Kirksville, Missouri, who became totally or partially
separated from employment on or after January 7, 2003
through February 11, 2006, 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 at Washington, D.C. this 10th day of March 2005.
/s/ Elliott S. Kushner
_______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-53,997
HOLLISTER, INC
KIRKSVILLE MANUFACTURING
KIRKSVILLE, MISSOURI
Certification Regarding Eligibility
To Apply for Worker 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 January 13, 2004 in
response to a petition filed by the United Autoworkers Local 710 on
behalf of workers at Hollister, Inc., Kirksville Manufacturing,
Kirksville, Missouri. The workers at the subject firm produce
hospital supplies; they are not separately identifiable.
The investigation revealed that employment at the subject firm
declined in 2003 in comparison with 2002.
Furthermore, the subject firm shifted production of a portion
of their hospital supplies to a country (Mexico) that is party to a
free trade agreement with the United States during the relevant
period.
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 Mexico 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 Hollister, Inc., Kirksville Manufacturing,
Kirksville, Missouri who became totally or partially separated
from employment on or after January 7, 2003 through two years
from the date of certification are eligible to apply for
adjustment assistance under Section 223 of the Trade Act of
1974.”
Signed in Washington, D.C. this 11th day of February 2004.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-53,997
HOLLISTER, INC.
KIRKSVILLE MANUFACTURING
KIRKSVILLE, MISSOURI
Notice of Determination
Of Alternative Trade Adjustment Assistance
On Remand
The U.S. Court of International Trade (USCIT) granted the
Secretary of Labor’s motion for a voluntary remand for further
investigation in Former Employees of Hollister, Inc. v. Elaine
Chao, U.S. Secretary of Labor, No. 04-00262, on February 1, 2005.
The workers of Hollister, Inc., Kirksville Manufacturing,
Kirksville, Missouri (“Hollister”) were certified as eligible to
apply for Trade Adjustment Assistance (TAA) on February 11, 2004.
The Notice of determination was published in the Federal Register
on March 12, 2004 (69 FR 11890).
By letter dated March 19, 2004, the United Automotive
Workers, Local 710, requested that Alternative Trade Adjustment
Assistance (ATAA) be included in the TAA petition. The request
was dismissed because the application for ATAA was not filed with
the TAA petition, as required by the Secretary’s interpretation
of Section 246 of the Trade Act, Training and Employment Guidance
Letter No. 2-03 (August 6, 2003). 69 FR 60904, October 13, 2004.
On June 28, 2004, the Plaintiff appealed to the USCIT,
asserting that the workers were not provided the assistance and
opportunity to request ATAA because the requirements for applying
for ATAA were ambiguous.
On October 29, 2004, the Department issued Training and
Employment Guidance Letter No. 2-03, Change 2, “Requests for
Certification under the Alternative Trade Adjustment Assistance
(ATAA) Program for Certain Worker Groups Covered by Certified TAA
Petitions” (TEGL 2-03, Change 2). 70 FR 8829-02, February 23,
2005. The Department’s new TEGL concerning the filing of
requests for group ATAA certification provides that worker groups
whose petitions were still in process at the time of
implementation of the ATAA program on August 6, 2003 and
certified worker groups who filed petitions which did not include
an option to apply for ATAA may request group ATAA certification
after the filing of a TAA petition.
The Department construes the Plaintiff’s letters as timely
requests for group ATAA certification under TEGL 2-03, Change 2.
Accordingly, the Department has conducted an investigation to
determine the workers’ eligibility to apply for ATAA
certification.
The group eligibility certification criteria for the ATAA
program under Section 246 the Trade Act of 1974 (19 USC 2813), as
amended, established that the Department must determine whether a
significant number of workers in the workers' firm are 50 years
of age or older, whether the workers in the workers' firm possess
skills that are not easily transferable, and whether the
competitive conditions within the workers' industry are adverse.
The remand investigation revealed that at least five percent
of the workforce at the subject firm is at least fifty years of
age, the workers possess skills that are not easily transferable,
and competitive conditions within the industry are adverse.
Conclusion
After careful review of the facts, I conclude that the
requirements of Section 246 of the Trade Act of 1974, as amended,
have been met for workers at the subject firm. In accordance
with the provisions of the Act, I make the following
certification:
"All workers at Hollister, Inc., Kirksville Manufacturing,
Kirksville, Missouri, who became totally or partially
separated from employment on or after January 7, 2003
through February 11, 2006, 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 at Washington, D.C. this 10th day of March 2005.
/s/ Elliott S. Kushner
_______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-53,997
HOLLISTER, INC
KIRKSVILLE MANUFACTURING
KIRKSVILLE, MISSOURI
Certification Regarding Eligibility
To Apply for Worker 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 January 13, 2004 in
response to a petition filed by the United Autoworkers Local 710 on
behalf of workers at Hollister, Inc., Kirksville Manufacturing,
Kirksville, Missouri. The workers at the subject firm produce
hospital supplies; they are not separately identifiable.
The investigation revealed that employment at the subject firm
declined in 2003 in comparison with 2002.
Furthermore, the subject firm shifted production of a portion
of their hospital supplies to a country (Mexico) that is party to a
free trade agreement with the United States during the relevant
period.
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 Mexico 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 Hollister, Inc., Kirksville Manufacturing,
Kirksville, Missouri who became totally or partially separated
from employment on or after January 7, 2003 through two years
from the date of certification are eligible to apply for
adjustment assistance under Section 223 of the Trade Act of
1974.”
Signed in Washington, D.C. this 11th day of February 2004.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance