Petitioner Type: Union
Impact Date: 01/28/2004
Filed Date: 02/02/2005
Most Recent Update: 03/10/2005
Determination Date: 03/10/2005
Expiration Date: 03/10/2005
Employment and Training Administration
TA-W-56,476
MISS ELAINE, INC.
STE. GENEVIEVE, MISSOURI
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
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)(B) of
Section 222 have been met.
The investigation was initiated February 2, 2005 in response
to a petition filed by the Union of Needletrades, Textiles and
Industrial Employees on behalf of workers at Miss Elaine, Inc.,
Ste. Genevieve, Missouri. The workers produce women's sleepwear.
The investigation revealed that production, sales and
employment at the subject firm decreased from 2003 to 2004.
The investigation also revealed that there was a shift in
production of women's sleepwear to China and that imports from
China have increased.
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 group eligibility requirements
of Section 246 of the Trade Act must be met. The Department has
determined in this case that the requirements of Section 246 have
been met.
A significant number of workers at the firm are age 50 or over
and possess skills that are not easily transferable. Competitive
conditions within the industry are adverse.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that there was a shift in production
from the workers firm or subdivision to China of women's sleepwear
that are like or directly competitive with those produced by the
subject firm or subdivision, and there has been or is an increase
in imports of like or directly competitive articles. In accordance
with the provisions of the Act, I make the following certification:
"All workers of Miss Elaine, Inc., Ste. Genevieve, Missouri
who became totally or partially separated from employment on
or after January 28, 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 are also
eligible 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 March, 2005
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance