Petitioner Type: Workers
Impact Date:
Filed Date: 01/23/2004
Most Recent Update: 02/24/2004
Determination Date: 02/24/2004
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-54,073
CREWS MANUFACTURING/UPTEX, K.C. HOLDINGS
THE ROCK, 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 (19 USC 2273), the Department of Labor herein presents the results of its investigation regarding certification of eligibility to apply for worker adjustment assistance as an adversely affected secondary group.
An investigation was conducted in order to determine whether the petitioning group of workers qualifies as adversely affected secondary workers as suppliers of component parts to a firm or subdivision primarily affected by increased imports or a shift of production abroad.
In order to make an affirmative determination and issue a certification of eligibility to apply for adjustment assistance, the following group eligibility requirements under Section 222(b) must be met:
(1) a significant number or proportion of the workers in the workers’ firm or an appropriate subdivision of the firm have become totally or partially separated, or are threatened to become totally or partially separated;
(2) the workers’ firm (or subdivision) is a supplier or downstream producer to a firm (or subdivision) that employed a group of workers who received a certification of eligibility to apply for trade adjustment assistance benefits and such supply or production is related to the article that was the basis for such certification; and
either—
(A) the workers’ firm is a supplier and the component parts it supplied for the firm (or subdivision) described in paragraph (2) accounted for at least 20 percent of the production or sales of the workers’ firm; or
(B) a loss of business by the workers’ firm with the firm (or subdivision) described in paragraph (2) contributed importantly to the workers’ separation or threat of separation.
The investigation was initiated on January 23, 2004 in response to a petition filed on behalf of workers of Crews Manufacturing/Uptex, K.C. Holdings, The Rock, Georgia. The workers produced sheet and pillow cases.
The investigation revealed that criterion (2) has not been met.
Petitioners allege that job losses were due to their firm losing business as a supplier to a firm that shifted production abroad or was affected by increased imports. The investigation revealed, however, that was not the case.
The firm listed in the petition has not received a certification of eligibility to apply for trade adjustment assistance benefits.
In addition, in accordance with Section 246 of the Trade Act of 1974 (216 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 at Crews Manufacturing, The Rock, Georgia 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 Crews Manufacturing/Uptex, K.C. Holdings, The Rock, Georgia, do not qualify as adversely affected secondary workers and are denied eligibility to apply for adjustment assistance under section 223 of the Trade Act of 1974 and are also denied eligibility to apply for alternative trade adjustment assistance under Section 246 of the Trade Act of 1974.
Signed at Washington, D.C., this 24th day of February 2004.
/s/ Linda G. Poole
__ LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-54,073
CREWS MANUFACTURING/UPTEX, K.C. HOLDINGS
THE ROCK, 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 (19 USC 2273), the Department of Labor herein presents the results of its investigation regarding certification of eligibility to apply for worker adjustment assistance as an adversely affected secondary group.
An investigation was conducted in order to determine whether the petitioning group of workers qualifies as adversely affected secondary workers as suppliers of component parts to a firm or subdivision primarily affected by increased imports or a shift of production abroad.
In order to make an affirmative determination and issue a certification of eligibility to apply for adjustment assistance, the following group eligibility requirements under Section 222(b) must be met:
(1) a significant number or proportion of the workers in the workers’ firm or an appropriate subdivision of the firm have become totally or partially separated, or are threatened to become totally or partially separated;
(2) the workers’ firm (or subdivision) is a supplier or downstream producer to a firm (or subdivision) that employed a group of workers who received a certification of eligibility to apply for trade adjustment assistance benefits and such supply or production is related to the article that was the basis for such certification; and
either—
(A) the workers’ firm is a supplier and the component parts it supplied for the firm (or subdivision) described in paragraph (2) accounted for at least 20 percent of the production or sales of the workers’ firm; or
(B) a loss of business by the workers’ firm with the firm (or subdivision) described in paragraph (2) contributed importantly to the workers’ separation or threat of separation.
The investigation was initiated on January 23, 2004 in response to a petition filed on behalf of workers of Crews Manufacturing/Uptex, K.C. Holdings, The Rock, Georgia. The workers produced sheet and pillow cases.
The investigation revealed that criterion (2) has not been met.
Petitioners allege that job losses were due to their firm losing business as a supplier to a firm that shifted production abroad or was affected by increased imports. The investigation revealed, however, that was not the case.
The firm listed in the petition has not received a certification of eligibility to apply for trade adjustment assistance benefits.
In addition, in accordance with Section 246 of the Trade Act of 1974 (216 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 at Crews Manufacturing, The Rock, Georgia 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 Crews Manufacturing/Uptex, K.C. Holdings, The Rock, Georgia, do not qualify as adversely affected secondary workers and are denied eligibility to apply for adjustment assistance under section 223 of the Trade Act of 1974 and are also denied eligibility to apply for alternative trade adjustment assistance under Section 246 of the Trade Act of 1974.
Signed at Washington, D.C., this 24th day of February 2004.
/s/ Linda G. Poole
__ LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance