Petitioner Type: Union
Impact Date: 03/06/2004
Filed Date: 05/20/2004
Most Recent Update: 06/15/2004
Determination Date: 06/15/2004
Expiration Date: 06/15/2006
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-54,952
VF INTIMATES, LP
JOHNSTOWN, PENNSYLVANIA
Notice of Determination
of Alternative Trade Adjustment Assistance
on Remand
The U.S. Court of International Trade (USCIT) granted the
Department of Labor’s motion for a voluntary remand for further
investigation in Former Employees of VF Intimates, Inc. v. Elaine
Chao, U.S. Secretary of Labor, No. 05-00052, on April 4, 2005.
Workers of VF Intimates, LP, Johnstown, Pennsylvania were
certified as eligible to apply for Trade Adjustment Assistance
(TAA) on June 15, 2004. The Notice of determination was
published in the Federal Register on April 1, 2005 (70 FR 16847).
An Amended Certification Regarding Eligibility to Apply for
Worker Adjustment Assistance for workers of the subject company
was issued on July 21, 2004 and published in the Federal Register
on August 4, 2004 (69 FR 47184).
By letter dated September 29, 2004, a company official
requested that the Department consider certification for
Alternative Trade Adjustment Assistance (ATAA) for workers and
former workers covered by petition TA-W-54,952. 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.
By letter dated January 17, 2005, the company official
appealed to the USCIT, asserting that the Department failed to
meet certain administrative obligations by not conducting an ATAA
investigation solely because the request for ATAA was not marked.
Specifically, the company official alleges that the Department
processed an incomplete petition, erroneously assumed that ATAA
was not requested when the question was unmarked, and failed to
provide petitioners with assistance and adequate opportunity to
request ATAA because the requirements for applying are ambiguous.
Upon further consideration, the Department has determined
that it is appropriate to investigate the workers’ eligibility
for ATAA benefits, given the circumstances as presented, in order
to effectuate the purposes of the Trade Act of 1974, as amended.
The group eligibility certification criteria for the ATAA
program under Section 246 the Trade Act of 1974, 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 was at least fifty years of
age as of the date of the petition (May 18, 2004), 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 VF Intimates, LP, Johnstown, Pennsylvania,
who became totally or partially separated from employment on
or after March 6, 2004 through June 15, 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 19th day of May 2005.
/s/ Elliott S. Kushner
_______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-54,952
VF INTIMATES, LP
JOHNSTOWN, PENNSYLVANIA
Amended Certification Regarding Eligibility to
Apply for Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273) the Department of Labor issued a Certification of
Eligibility to Apply for Worker Adjustment Assistance on June 15,
2004, applicable to workers of VF Intimates, LP, Johnstown,
Pennsylvania. The notice will be published soon in the Federal
Register.
At the request of the State agency, the Department reviewed
the certification for workers of the subject firm. The workers
are engaged in the production of ladies’ intimate apparel.
New findings show that there was a previous certification,
TA-W-40,563A, issued on March 5, 2002, for workers of Bestform,
Inc., Johnstown Distribution Center, Johnstown, Pennsylvania,
(Johnstown operation name was changed in January 2003 to VF
Intimates, LP), who were engaged in employment related to the
production and distribution of ladies’ intimate apparel. That
certification expired on March 5, 2004. To avoid an overlap in
worker group coverage, the certification is being amended to
change the impact date from May 18, 2003 to March 6, 2004, for
workers of the subject firm.
The amended notice applicable to TA-W-54,952 is hereby
issued as follows:
"All workers of VF Intimates, LP, Johnstown, Pennsylvania,
who became totally or partially separated from employment on
or after March 6, 2004, through June 15, 2006, are eligible
to apply for adjustment assistance under Section 223 of the
Trade Act of 1974.”
Signed at Washington, D.C. this 21st day of July 2004.
/s/ Elliott S. Kushner
____________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-54,952
VF INTIMATES, LP
JOHNSTOWN, PENNSYLVANIA
Notice of Determination
of Alternative Trade Adjustment Assistance
on Remand
The U.S. Court of International Trade (USCIT) granted the
Department of Labor’s motion for a voluntary remand for further
investigation in Former Employees of VF Intimates, Inc. v. Elaine
Chao, U.S. Secretary of Labor, No. 05-00052, on April 4, 2005.
Workers of VF Intimates, LP, Johnstown, Pennsylvania were
certified as eligible to apply for Trade Adjustment Assistance
(TAA) on June 15, 2004. The Notice of determination was
published in the Federal Register on April 1, 2005 (70 FR 16847).
An Amended Certification Regarding Eligibility to Apply for
Worker Adjustment Assistance for workers of the subject company
was issued on July 21, 2004 and published in the Federal Register
on August 4, 2004 (69 FR 47184).
By letter dated September 29, 2004, a company official
requested that the Department consider certification for
Alternative Trade Adjustment Assistance (ATAA) for workers and
former workers covered by petition TA-W-54,952. 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.
By letter dated January 17, 2005, the company official
appealed to the USCIT, asserting that the Department failed to
meet certain administrative obligations by not conducting an ATAA
investigation solely because the request for ATAA was not marked.
Specifically, the company official alleges that the Department
processed an incomplete petition, erroneously assumed that ATAA
was not requested when the question was unmarked, and failed to
provide petitioners with assistance and adequate opportunity to
request ATAA because the requirements for applying are ambiguous.
Upon further consideration, the Department has determined
that it is appropriate to investigate the workers’ eligibility
for ATAA benefits, given the circumstances as presented, in order
to effectuate the purposes of the Trade Act of 1974, as amended.
The group eligibility certification criteria for the ATAA
program under Section 246 the Trade Act of 1974, 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 was at least fifty years of
age as of the date of the petition (May 18, 2004), 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 VF Intimates, LP, Johnstown, Pennsylvania,
who became totally or partially separated from employment on
or after March 6, 2004 through June 15, 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 19th day of May 2005.
/s/ Elliott S. Kushner
_______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-54,952
VF INTIMATES, LP
JOHNSTOWN, PENNSYLVANIA
Amended Certification Regarding Eligibility to
Apply for Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273) the Department of Labor issued a Certification of
Eligibility to Apply for Worker Adjustment Assistance on June 15,
2004, applicable to workers of VF Intimates, LP, Johnstown,
Pennsylvania. The notice will be published soon in the Federal
Register.
At the request of the State agency, the Department reviewed
the certification for workers of the subject firm. The workers
are engaged in the production of ladies’ intimate apparel.
New findings show that there was a previous certification,
TA-W-40,563A, issued on March 5, 2002, for workers of Bestform,
Inc., Johnstown Distribution Center, Johnstown, Pennsylvania,
(Johnstown operation name was changed in January 2003 to VF
Intimates, LP), who were engaged in employment related to the
production and distribution of ladies’ intimate apparel. That
certification expired on March 5, 2004. To avoid an overlap in
worker group coverage, the certification is being amended to
change the impact date from May 18, 2003 to March 6, 2004, for
workers of the subject firm.
The amended notice applicable to TA-W-54,952 is hereby
issued as follows:
"All workers of VF Intimates, LP, Johnstown, Pennsylvania,
who became totally or partially separated from employment on
or after March 6, 2004, through June 15, 2006, are eligible
to apply for adjustment assistance under Section 223 of the
Trade Act of 1974.”
Signed at Washington, D.C. this 21st day of July 2004.
/s/ Elliott S. Kushner
____________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance