DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-56,300

OBY, INC.
INCLUDING ON-SITE LEASED WORKERS OF BRICKFORCE
NEWARK, NEW JERSEY

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 January 7, 2005 in response
to a petition filed by a state representative on behalf of workers
of OBY, Inc., Newark, New Jersey. The workers at the subject firm
produce finished fabrics.
The subject firm leased some of its on-site workers from
Brickforce, Newark, New Jersey.
The investigation revealed that sales, production and
employment at the subject firm declined in 2005 when compared to
2004.
The Department of Labor surveyed the subject firm's major
customers regarding their purchases of finished fabrics in 2003 and
2004. This survey revealed increases in customer imports of these
products during the relevant period.
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. A significant number of workers in the workers' firm are not
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 those produced at the subject
firm contributed importantly to the decline in sales or production
and to the total or partial separation of workers of that firm. In
accordance with the provisions of the Act, I make the following
certification:
"All workers of OBY, Inc., including on-site leased workers of
Brickforce, Newark, New Jersey who became totally or partially
separated from employment on or after January 7, 2004 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 OBY, Inc., including
on-site leased workers of Brickforce, Newark, New Jersey, are
denied eligibility to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974.
Signed at Washington, D.C., this 9th day of March 2005.



/s/ Linda G. Poole

__________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance