Petitioner Type: State
Impact Date: 10/12/2003
Filed Date: 10/20/2004
Most Recent Update: 11/12/2004
Determination Date: 11/12/2004
Expiration Date: 11/12/2006
Employment and Training Administration
TA-W-55,834
DREAMTIME, INC.
SANTA CRUZ, 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, 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 20, 2004 in
response to a petition filed by a State Workforce Representative on
behalf of workers at DreamTime, Inc., Santa Cruz, California. The
workers at the subject firm produce aromatherapy products.
The preponderance in the declines in employment at the subject
firm is related to a shift in production of aromatherapy products
to a country (Mexico) that is a party to a free trade agreement
with the United States.
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.
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.
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 those produced by the subject
firm or subdivision. In accordance with the provisions of the Act,
I make the following certification:
"All workers of DreamTime, Inc., Santa Cruz, California who
became totally or partially separated from employment on or
after October 12, 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."
"I further determine that all workers of DreamTime, Inc.,
Santa Cruz, California are denied eligibility for Alternative
Trade Adjustment Assistance under Section 246 of the Trade Act
of 1974."
Signed in Washington, D.C. this 12th day of November 2004
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance