Petitioner Type: State
Impact Date:
Filed Date: 01/21/2005
Most Recent Update: 02/10/2005
Determination Date: 02/10/2005
Expiration Date:
Employment and Training Administration
TA-W-56,381
DORBY FROCKS, LTD.
A DIVISION OF KELLWOOD COMPANY
MEDLEY, FLORIDA
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 January 21, 2005 in
response to a petition filed by a State agency representative on
behalf of workers at Dorby Frocks, Ltd., a division of Kellwood
Company, Medley, Florida. The workers performed general
administrative support at the subject firm. The workers primarily
processed customs forms for incoming shipments of ladies' dresses
from a foreign country and occasionally shipped trim to a foreign
factory.
The investigation revealed that Dorby Frocks, Ltd., a division
of Kellwood Company, Medley, Florida, did 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 administrative support workers described above do
not support a firm or appropriate subdivision that produces an
article domestically and thus the worker group cannot 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 Dorby
Frocks, Ltd., a division of Kellwood Company, Medley, Florida 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 10th day of February, 2005.
/s/ Linda G. Poole
_______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance