Petitioner Type: Workers
Impact Date: 04/07/2004
Filed Date: 04/07/2005
Most Recent Update: 04/22/2005
Determination Date: 04/22/2005
Expiration Date: 04/22/2007
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-56,926
FLYNN LLC
CENTRAL CITY DIVISION
CENTRAL CITY, 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 (19
USC 2273), 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)(A) of
Section 222 have been met.
The investigation was initiated on April 7, 2005 in response
to a petition filed on behalf of workers of Flynn LLC, Central City
Division, Central City, Kentucky. The workers are engaged in the
sewing of denim jeans.
The investigation revealed that sales, production, and
employment at the subject firm declined absolutely upon its
shutdown on December 21, 2004.
The Department of Labor surveyed the subject firm's sole
customer regarding its purchases of denim jeans in 2003, 2004, and
January through March 2005. The survey revealed increases in
imports accompanied by reduced purchases from the subject firm.
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 increases of imports of articles
like or directly competitive with those produced by Flynn LLC,
Central City Division, Central City, Kentucky, contributed
importantly to the total or partial separation of workers and to
the decline in sales or production and at that firm or subdivision.
In accordance with the provisions of the Act, I make the following
certification:
"All workers of Flynn LLC, Central City Division, Central
City, Kentucky, who became totally or partially separated from
employment on or after April 7, 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 22nd day of April, 2005.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance