Petitioner Type: Union
Impact Date: 03/24/2003
Filed Date: 04/06/2004
Most Recent Update: 05/14/2004
Determination Date: 05/14/2004
Expiration Date: 11/03/2006
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-54,674
MAJOR LEAGUE, INC.
MOUNT AIRY, NORTH CAROLINA
Negative Determination 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. The group
eligibility requirements for directly-impacted (primary) workers
under Section 222(a) the Trade Act of 1974, as amended, can be
satisfied in either of two ways:
I. Section (a)(2)(A) all of the following must be satisfied:
A. a significant number or proportion of the workers in
such workers' firm, or an appropriate subdivision of
the firm, have become totally or partially separated,
or are threatened to become totally or partially
separated;
B. the sales or production, or both, of such firm or
subdivision have decreased absolutely; and
C. increased imports of articles like or directly
competitive with articles produced by such firm or
subdivision have contributed importantly to such
workers' separation or threat of separation and to the
decline in sales or production of such firm or
subdivision; or
II. Section (a)(2)(B) both of the following must be satisfied:
A. a significant number or proportion of the workers in
such workers' firm, or an appropriate subdivision of
the firm, have become totally or partially separated,
or are threatened to become totally or partially
separated;
B. there has been a shift in production by such workers'
firm or subdivision to a foreign country of articles
like or directly competitive with articles which are
produced by such firm or subdivision; and
C. One of the following must be satisfied:
1. the country to which the workers' firm has shifted
production of the articles is a party to a free trade
agreement with the United States;
2. the country to which the workers' firm has shifted
production of the articles is a beneficiary country
under the Andean Trade Preference Act, African Growth
and Opportunity Act, or the Caribbean Basin Economic
Recovery Act; or
3. there has been or is likely to be an increase in
imports of articles that are like or directly
competitive with articles which are or were produced
by such firm or subdivision.
The investigation was initiated on April 6, 2004, in
response to a petition filed by a company official on behalf of
workers at Major League, Inc., Mount Airy, North Carolina. The
worker at the subject firm purchased fabric for apparel.
The investigation revealed that criteria (a)(2)(A)(I.A) and
(a)(2)(B)(II.A) have not been met.
The investigation revealed that the subject firm did not
separate or threaten to separate a significant number or
proportion of workers as required by section 222 of the Trade
Act of 1974. Significant number or proportion of the workers
means that at least three workers in a firm with a workforce of
fewer than 50 workers or five percent of the workers in a firm
with a workforce of 50 or more workers would have to be
affected. Separations by the subject firm did not meet this
threshold level.
Conclusion
After careful review, I determine that all workers of Major
League, Inc., Mount Airy, North Carolina, are denied eligibility
to apply for adjustment assistance under Section 223 of the
Trade Act of 1974.
Signed at Washington, D.C. this 14th day of May 2004.
/s/ Linda G. Poole
________________________
LINDA G. POOLE
Certifying Officer,
Division of
Trade Adjustment Assistance