Petitioner Type: State
Impact Date:
Filed Date: 07/20/2004
Most Recent Update: 08/17/2004
Determination Date: 08/17/2004
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-55,281
DAN RIVER FACTORY STORES (#6)
COMMERCE, GEORGIA
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 July 20, 2004 in
response to a petition filed on behalf of workers of Dan River
Factory Stores (#6), Commerce, Georgia. The workers are engaged
in the retail sales of textile products.
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
investigation revealed that although production of an article
occurred within the parent firm, the workers of Dan River
Factory Stores (#6) described above do not support this
production. 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 assistance (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 Dan
River Factory Stores (#6), Commerce, Georgia 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 (ATAA) under
Section 246 of the Trade Act of 1974.
Signed in Washington, D.C. this 17th day of August, 2004.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance