Petitioner Type: Company
Impact Date: 04/11/2004
Filed Date: 04/11/2005
Most Recent Update: 06/03/2005
Determination Date: 06/03/2005
Expiration Date: 06/03/2007
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-56,931
WESTPOINT STEVENS, INC.
NOW KNOWN AS WESTPOINT HOME, INC
SPARKS PLANT
BASIC BEDDING DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM
EXPRESS PERSONNEL AND PERSONNEL SERVICES
SPARKS, NEVADA
Amended 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 (19
USC 2273), and Section 246 of the Trade Act of 1974, (26 USC
2813), as amended, the Department of Labor issued a Certification
of Eligibility to Apply for Worker Adjustment Assistance and a
Negative Determination Regarding Eligibility to Apply for
Alternative Trade Adjustment Assistance on June 3, 2005,
applicable to workers of the WestPoint Stevens, Inc., Sparks
Plant, Basic Bedding Division, including on-site leased workers
from Express Personnel and Personnel Services, Sparks, Nevada.
The notice was published in the Federal Register on June 28, 2005
(70 FR 37117).
At the request of a company official, the Department
reviewed the certification for workers of the subject firm. The
workers are engaged in the production of down filled and
polyester filled pillows and down filled comforters.
Information submitted to the Department shows that on August
8, 2005, American Real Estate Partners purchased WestPoint
Stevens, Inc. and is now known as WestPoint Home, Inc.
Accordingly, the Department is amending this certification
to reflect the new ownership.
The intent of the Department’s certification is to include
all workers of WestPoint Stevens, Inc., Sparks Plant, Basic
Bedding Division who were adversely affected by increased
imports.
The amended notice applicable to TA-W-56,931 is hereby
issued as follows:
"All workers of WestPoint Stevens, Inc., Now Known as
WestPoint Home, Inc., Sparks Plant, Basic Bedding Division,
including on-site leased workers from Express Personnel
Staffing Agency and Personnel Services, Sparks, Nevada, who
became totally or partially separated from employment on or
after April 11, 2004, through June 3, 2007, are eligible to
apply for adjustment assistance under Section 223 of the
Trade Act of 1974.” and
I further determine that all workers of WestPoint
Stevens, Inc., Now Known as WestPoint Home, Inc., Sparks
Plant, Basic Bedding Division, including on-site leased
workers from Express Personnel Staffing Agency and Personnel
Services, Sparks, Nevada, are denied eligibility to apply
for alternative trade adjustment assistance under Section
246 of the Trade Act of 1974.
Signed at Washington, D.C. this 16th day of August 2005.
/s/ Linda G. Poole
________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-56,931
WESTPOINT STEVENS INC.
SPARKS PLANT
BASIC BEDDING DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM
EXPRESS PERSONNEL
AND PERSONNEL SERVICES
SPARKS, NEVADA
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 (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 11, 2005, in response
to a petition filed by a company official on behalf of workers at
WestPoint Stevens Inc., Sparks Plant, Basic Bedding Division,
Sparks, Nevada. The workers at the subject facility make down
filled and polyester filled pillows and down filled comforters.
The subject firm leased some of its on-site workers from
Express Personnel, Reno, Nevada and Personnel Services, Sparks,
Nevada.
The investigation revealed that production and employment
declined from January to April 2005 compared to the same period in
2004.
The Department of Labor surveyed the subject firm’s major
declining customers regarding their purchases of down filled and
polyester filled pillows and down filled comforters. The survey
revealed that import purchases increased relative to purchases from
the subject firm during January to April 2005 compared to the same
period in 2004.
In addition, in accordance with Section 246 of 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 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 criterion 2 has not been
met.
The workers possess skills that are easily transferable in the
local area.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with oven gaskets produced by the
subject firm contributed importantly to the decline in sales or
production and to the total or partial separation of workers of
that firm or subdivision. In accordance with the provisions of the
Act, I make the following certification:
“All workers of WestPoint Stevens Inc., Sparks Plant, Basic
Bedding Division, Sparks, Nevada, including on-site leased
workers from Express Personnel Staffing Agency and Personnel
Services, who became totally or partially separated from
employment on or after April 11, 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
I further determine that workers of WestPoint Stevens Inc.,
Sparks Plant, Basic Bedding Division, Sparks, Nevada, including on-
site leased workers from Express Personnel Staffing Agency and
Personnel Services, 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 3rd day of June 2005
Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-56,931
WESTPOINT STEVENS, INC.
NOW KNOWN AS WESTPOINT HOME, INC
SPARKS PLANT
BASIC BEDDING DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM
EXPRESS PERSONNEL AND PERSONNEL SERVICES
SPARKS, NEVADA
Amended 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 (19
USC 2273), and Section 246 of the Trade Act of 1974, (26 USC
2813), as amended, the Department of Labor issued a Certification
of Eligibility to Apply for Worker Adjustment Assistance and a
Negative Determination Regarding Eligibility to Apply for
Alternative Trade Adjustment Assistance on June 3, 2005,
applicable to workers of the WestPoint Stevens, Inc., Sparks
Plant, Basic Bedding Division, including on-site leased workers
from Express Personnel and Personnel Services, Sparks, Nevada.
The notice was published in the Federal Register on June 28, 2005
(70 FR 37117).
At the request of a company official, the Department
reviewed the certification for workers of the subject firm. The
workers are engaged in the production of down filled and
polyester filled pillows and down filled comforters.
Information submitted to the Department shows that on August
8, 2005, American Real Estate Partners purchased WestPoint
Stevens, Inc. and is now known as WestPoint Home, Inc.
Accordingly, the Department is amending this certification
to reflect the new ownership.
The intent of the Department’s certification is to include
all workers of WestPoint Stevens, Inc., Sparks Plant, Basic
Bedding Division who were adversely affected by increased
imports.
The amended notice applicable to TA-W-56,931 is hereby
issued as follows:
"All workers of WestPoint Stevens, Inc., Now Known as
WestPoint Home, Inc., Sparks Plant, Basic Bedding Division,
including on-site leased workers from Express Personnel
Staffing Agency and Personnel Services, Sparks, Nevada, who
became totally or partially separated from employment on or
after April 11, 2004, through June 3, 2007, are eligible to
apply for adjustment assistance under Section 223 of the
Trade Act of 1974.” and
I further determine that all workers of WestPoint
Stevens, Inc., Now Known as WestPoint Home, Inc., Sparks
Plant, Basic Bedding Division, including on-site leased
workers from Express Personnel Staffing Agency and Personnel
Services, Sparks, Nevada, are denied eligibility to apply
for alternative trade adjustment assistance under Section
246 of the Trade Act of 1974.
Signed at Washington, D.C. this 16th day of August 2005.
/s/ Linda G. Poole
________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-56,931
WESTPOINT STEVENS INC.
SPARKS PLANT
BASIC BEDDING DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM
EXPRESS PERSONNEL
AND PERSONNEL SERVICES
SPARKS, NEVADA
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 (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 11, 2005, in response
to a petition filed by a company official on behalf of workers at
WestPoint Stevens Inc., Sparks Plant, Basic Bedding Division,
Sparks, Nevada. The workers at the subject facility make down
filled and polyester filled pillows and down filled comforters.
The subject firm leased some of its on-site workers from
Express Personnel, Reno, Nevada and Personnel Services, Sparks,
Nevada.
The investigation revealed that production and employment
declined from January to April 2005 compared to the same period in
2004.
The Department of Labor surveyed the subject firm’s major
declining customers regarding their purchases of down filled and
polyester filled pillows and down filled comforters. The survey
revealed that import purchases increased relative to purchases from
the subject firm during January to April 2005 compared to the same
period in 2004.
In addition, in accordance with Section 246 of 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 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 criterion 2 has not been
met.
The workers possess skills that are easily transferable in the
local area.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with oven gaskets produced by the
subject firm contributed importantly to the decline in sales or
production and to the total or partial separation of workers of
that firm or subdivision. In accordance with the provisions of the
Act, I make the following certification:
“All workers of WestPoint Stevens Inc., Sparks Plant, Basic
Bedding Division, Sparks, Nevada, including on-site leased
workers from Express Personnel Staffing Agency and Personnel
Services, who became totally or partially separated from
employment on or after April 11, 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
I further determine that workers of WestPoint Stevens Inc.,
Sparks Plant, Basic Bedding Division, Sparks, Nevada, including on-
site leased workers from Express Personnel Staffing Agency and
Personnel Services, 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 3rd day of June 2005
Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance