Petitioner Type: State
Impact Date: 09/20/2003
Filed Date: 09/22/2004
Most Recent Update: 10/29/2004
Determination Date: 10/29/2004
Expiration Date: 10/29/2006
Employment and Training Administration
TA-W-55,654
ELCA FASHION, INC.
INCLUDING ON-SITE LEASED WORKERS FROM CMD MANAGEMENT CORPORATION
EL MONTE, CALIFORNIA
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 September 22, 2004, in
response to a petition filed by a State agency representative on
behalf of workers of ELCA Fashion, Inc., El Monte, California. The
workers of the subject firm are engaged in the production of
women's and girls' blouses, jackets, and slacks.
The investigation revealed that production and employment at
the subject firm decreased from 2002 to 2003.
The investigation also revealed that the subject firm leased
some of its on-site workers from CMD Management Corporation,
Cerritos, California.
The Department of Labor surveyed the subject firm's major
customers regarding their purchases of blouses, t-shirts, and
jackets in 2002, 2003 and January through September 2004. This
survey revealed an increase in import purchases during the relevant
time period.
In addition, in accordance with Section 246 of 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 (1) has not been
met.
The investigation revealed that there is not a significant
number of workers in the workers' firm who are 50 years of age or
older.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with women's and girls' apparel
produced by ELCA Fashion, Inc., El Monte, California, contributed
importantly to the total or partial separation of workers and to
the decline in sales or production at that firm or subdivision. In
accordance with the provisions of the Act, I make the following
certification:
"All workers of ELCA Fashion, Inc., including on-site leased
workers from CMD Management Corporation, El Monte, California,
who became totally or partially separated from employment on
or after September 20, 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;" and
I further determine that all workers of ELCA Fashion, Inc.,
including on-site leased workers from CMD Management Corporation,
El Monte, California, are denied eligibility for Alternative Trade
Adjustment Assistance under Section 246 of the Trade Act of 1974.
Signed in Washington, D.C., this 29th day of October 2004.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance