Petitioner Type: Workers
Impact Date: 04/29/2003
Filed Date: 05/06/2004
Most Recent Update: 06/23/2004
Determination Date: 06/23/2004
Expiration Date: 06/23/2006
Employment and Training Administration
TA-W-54,855
SARA LEE INTIMATES AND HOSIERY
ALEO DISTRIBUTION
INCLUDING LEASED WORKERS OF
KELLY SERVICES
ROCKINGHAM, NORTH CAROLINA
Certification Regarding Eligibility
To Apply For Worker Adjustment Assistance and
Negative Determination Regarding Eligibility To Apply For
Alternative Trade Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), as amended, the Department of Labor herein presents the
results of its 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) (A)
of Section 222 have been met.
The investigation was initiated on May 6, 2004 in response to
a petition filed on behalf of workers of Sara Lee Intimates and
Hosiery, ALEO Distribution, Rockingham, North Carolina. The worker
group also includes workers leased from Kelly Services. The
workers of the subject division provide packaging and shipping
services for other affiliated manufacturing facilities.
The investigation revealed that the decline in employment at
the subject firm is directly related to a shift in production to El
Salvador by the Sara Lee Intimates and Hosiery Sewing Department in
Marion, South Carolina. Sara Lee Intimates and Hosiery, A
subsidiary of Sara Lee Corporation, Sewing Department, Marion,
South Carolina was certified as eligible to apply for Trade
Adjustment Assistance on June 16, 2004 based on a shift in
production to a country that is a beneficiary under the Caribbean
Basin Economic Recovery Act (TA-W-55,005).
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
assistance (ATAA) for older workers.
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 2 has not been
met.
The investigation revealed that the skills of the worker group
are easily transferable to other positions in the local area.
Conclusion
After careful review of the facts obtained in the
investigation, I conclude that there was a shift in production from
the workers' firm or subdivision to El Salvador of articles like or
directly competitive with those produced at Sara Lee Intimates and
Hosiery, A subsidiary of Sara Lee Corporation, Sewing Department,
Marion, South Carolina contributed importantly to the total or
partial separation of workers from Sara Lee Intimates and Hosiery,
ALEO Distribution, Rockingham, North Carolina. In accordance with
the provisions of the Act, I make the following certification:
"All workers of Sara Lee Intimates and Hosiery, ALEO
Distribution, Rockingham, North Carolina, including leased
workers of Kelly Services working at Sara Lee Intimates and
Hosiery, ALEO Distribution, Rockingham, North Carolina who
became totally or partially separated from employment on or
after April 29, 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."
I further determine that all workers of Sara Lee Intimates
and Hosiery, ALEO Distribution, Rockingham, North Carolina,
including leased workers of Kelly Services working at Sara Lee
Intimates and Hosiery, ALEO Distribution, Rockingham, North
Carolina are denied eligibility to apply for alternative trade
adjustment assistance under Section 246 of the Trade Act of 1974.
Signed in Washington, D. C., this 23rd day of June 2004.
/s/ /Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance