Petitioner Type: Company
Impact Date: 10/13/2003
Filed Date: 10/14/2004
Most Recent Update: 11/03/2004
Determination Date: 11/03/2004
Expiration Date: 10/13/2006
Employment and Training Administration
TA-W-55,793
E-FLEX, LLC
INCLUDING ON-SITE LEASED WORKERS FROM ACCUFORCE,
DIVERSCO INTEGRATED SERVICES AND HOBBS STAFFING SERVICES
LAWNDALE, NORTH CAROLINA
Certification 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.
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)(B) of Section 222 have been met.
The investigation was initiated on October 14, 2004, in
response to a petition filed by a company official on behalf of
workers of E-Flex, LLC, Lawndale, North Carolina. The workers
produce lycra and spandex fabric.
The investigation revealed that E-Flex, LLC, Lawndale,
North Carolina also leased workers from Accurforce, Diversco
Integrated Services, and Hobbs Staffing Services.
The investigation further revealed that employment declined
at the subject firm January through August 2004 over the
corresponding 2003 period.
The preponderance in the declines in employment at the
subject firm is related to a shift in plant production of lycra
and spandex fabric to a country (Mexico) party to a Free Trade
Agreement with the United States.
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 addition, in order for the Department to issue a
certification of eligibility to apply for ATAA, the group
eligibility requirements of Section 246 of the Trade Act must be
met. The Department has determined in this case that the
requirements of Section 246 have been met.
A significant number of workers at the firm are age 50 or
over and do not possess skills that are easily transferable.
Competitive conditions within the industry are adverse.
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 Mexico of articles that
are like or directly competitive with lycra and spandex fabric
produced by the subject firm or subdivision. In accordance with
the provisions of the Act, I make the following certification:
"All workers of E-Flex, LLC, including on-site leased
workers from Accuforce, Diversco Integrated Services, Hobbs
Staffing Services, Lawndale, North Carolina, who became
totally or partially separated from employment on or after
October 13, 2003, through two years from the date of
certification, are eligible to apply for adjustment assis-
tance 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 in Washington, D.C., this 3rd day of November 2004.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance