Petitioner Type: Union
Impact Date:
Filed Date: 03/30/2004
Most Recent Update: 05/05/2004
Determination Date: 05/05/2004
Expiration Date:
Employment and Training Administration
TA-W-54,622
HENDERSON SEWING MACHINE COMPANY
ANDALUSIA, ALABAMA
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, 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.
The investigation was initiated on March 30, 2004 in response
to a petition filed by the company on behalf of workers of
Henderson Sewing Machine Company, Andalusia, Alabama. The workers
performed administrative activities.
The investigation revealed that Henderson Sewing Machine
Company, Andalusia, Alabama does not produce an article within
the meaning of Section 222(a)(2) of the Act. In order to be
considered eligible to apply for adjustment assistance under
Section 223 of the Trade Act of 1974, the worker group seeking
certification (or on whose behalf certification is being sought)
must work for a "firm" or appropriate subdivision that produces
an article and there must be a relationship between the workers'
work and the article produced by the workers' firm or appropriate
subdivision. The petitioning worker group seeking certification
does not support a firm or appropriate subdivision that produces
an article and thus the worker group can not be considered import
impacted or affected by a shift in production of an article.
In addition, 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 assis-
tance (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 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
Henderson Sewing Machine Company, Andalusia, Alabama 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 in Washington, D. C. this 5th day of May, 2004.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance