Petitioner Type: Workers
Impact Date:
Filed Date: 06/14/2004
Most Recent Update: 07/07/2004
Determination Date: 07/07/2004
Expiration Date:
Employment and Training Administration
TA-W-55,072
JAYMAR-RUBY, INC
D/B/A TRANS-APPAREL GROUP
A SUBSIDIARY OF HARTMARX CORPORATION
MICHIGAN CITY, INDIANA
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 June 14, 2004, in response
to a petition filed on behalf of workers of Jamar-Ruby, Inc., d/b/a
Trans-Apparel Group, a subsidiary of Hartmarx Corporation, Michigan
City, Indiana. The workers performed a variety of administrative
services including offshore and sourcing administration,
merchandise distribution, data processing, and sales.
The investigation revealed that Jamar-Ruby, Inc., d/b/a
Trans-Apparel Group, a subsidiary of Hartmarx Corporation,
Michigan City, Indiana, 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 group of workers does not support a
firm or appropriate subdivision that produces an article
domestically and thus the worker group can not be considered
import impacted or affected by a shift in production of an
article.
The investigation further revealed that separations at the
subject firm are directly attributable to a shift in the
performance of various services to other domestic facilities.
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 Jamar-
Ruby, Inc., d/b/a Trans-Apparel Group, a subsidiary of Hartmarx
Corporation, Michigan City, Indiana 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 7th day of July 2004
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance