Petitioner Type: Union
Impact Date:
Filed Date: 10/28/2004
Most Recent Update: 12/03/2004
Determination Date: 12/03/2004
Expiration Date:
Employment and Training Administration
TA-W-55,884
JORDAN FASHIONS CORPORATION
WESTBURY, NEW YORK
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 October 28, 2004 in
response to a petition filed by UNITE HERE, Local 10, on behalf of
workers of Jordan Fashions Corporation, Westbury, New York. The
workers perform the inspection of imported bridesmaid and mother of
the bride dresses, shipping and receiving, and general sales and
office support.
The investigation revealed that Jordan Fashions Corporation,
Westbury, New York 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 inspecting
workers, shipping and receiving workers, and sales and office
support workers described above do 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.
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 Jordan
Fashions Corporation, Westbury, New York 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 3rd day of December, 2004
/s/ Linda G. Poole
_______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance