DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-56,884

BEN DAVIS COMPANY
SAN FRANCISCO, CALIFORNIA

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, 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 on April 5, 2005 in response
to a petition filed on behalf of workers of Ben Davis Company, San
Francisco, California. The workers of the subject facility
manufacture button up shirts and jeans (work wear clothing).
The investigation revealed that employment at the subject
firm declined from 2003 to 2004.
The decline in employment at the subject firm is attributed
to a shift in production of button up shirts and jeans (work wear
clothing) to a country (the Dominican Republic) that is a
beneficiary under the Caribbean Basin Economic Recovery Act.
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 has been a shift in
production from the workers' firm or subdivision to the Dominican
Republic 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 Ben Davis Company, San Francisco, California,
who became totally or partially separated from employment on
or after March 23, 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 at Washington, D.C., this 17th day of May 2005

/s/ Linda G. Poole

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