Petitioner Type: Workers
Impact Date: 01/21/2004
Filed Date: 01/28/2005
Most Recent Update: 02/18/2005
Determination Date: 02/18/2005
Expiration Date: 02/18/2007
Employment and Training Administration
TA-W-56,429
JOWETT GARMENTS FACTORY, INC.
SOUTH EL MONTE, 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 January 28, 2005 in response
to a petition filed on behalf of workers at Jowett Garments
Factory, Inc., South El Monte, California. The workers were
engaged in the production of men's and women's sportswear.
Employment at the subject plant has declined, and the subject
firm has shifted production of men's and women's sportswear to a
country (Mexico) that is a 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.
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 criteria {1 & 2} have not
been met.
The investigation revealed workers of the subject group do not
meet the threshold employment requirements and possess skills that
are easily transferable to other positions in the local commuting
area.
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 Jowett Garments Factory, Inc., South El Monte,
California, who became totally or partially separated from
employment on or after January 21, 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;
"I further determine that all workers of Jowett Garments
Factory, Inc., South El Monte, California are denied
eligibility to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974."
Signed in Washington, D. C. this 18th day of February, 2005.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance