Petitioner Type: Company
Impact Date: 03/31/2004
Filed Date: 04/07/2005
Most Recent Update: 04/26/2005
Determination Date: 04/26/2005
Expiration Date: 04/26/2007
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-56,921
ELKBRAND MANUFACTURING COMPANY, INC.
CADIZ, KENTUCKY
TA-W-56,921A
ELKBRAND MANUFACTURING COMPANY, INC.
HOPKINSVILLE, KENTUCKY
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 7, 2005, in response
to a petition filed by a company official on behalf of workers of
Elkbrand Manufacturing Company, Inc., Cadiz, Kentucky and
Hopkinsville, Kentucky. The workers at the two facilities are
engaged in vertically integrated activity related to the production
of women's apparel (jeans and shorts).
Workers at the Cadiz facility cut and sew jeans and shorts.
Workers at the Hopkinsville facility launder, finish, and box the
apparel for shipping.
The investigation revealed that employment declined in January
through February 2005 compared with the same period in 2004.
The subject firm has shifted production of women's apparel to
a country (Dominican Republic) that is a beneficiary country 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 conclude that there was a shift in production from
the workers' firm or subdivision to 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 Elkbrand Manufacturing Company, Inc., Cadiz,
Kentucky (TA-W-56,921) and Elkbrand Manufacturing Company,
Inc., Hopkinsville, Kentucky (TA-W-56,921A), who became
totally or partially separated from employment on or after
March 31, 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 26th day of April 2005.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance