Petitioner Type: Workers
Impact Date: 03/29/2004
Filed Date: 04/11/2005
Most Recent Update: 04/25/2005
Determination Date: 04/25/2005
Expiration Date: 04/25/2007
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-56,933
MICHAEL ANTHONY JEWELERS, INC.
INCLUDING ON SITE LEASED WORKERS FROM TITAN AGENCY STAFFING
MT. VERNON, NEW YORK
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 11, 2005 in response
to a petition filed on behalf of workers of Michael Anthony
Jewelry, Inc., Mt. Vernon, New York. The workers at the subject
firm produce jewelry.
The investigation further revealed that the subject firm
leased some on site production workers from Titan Agency Staffing.
From 2003 to 2004, sales and employment at the subject firm
declined. The decline in employment at the subject plant is
related to a shift in production of jewelry to a country (Dominican
Republic) that is a beneficiary under the Caribbean Basin Economic
Recovery Act.
In addition, 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 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 Michael Anthony Jewelry, Inc., including on
site leased workers from Titan Agency Staffing, Mt. Vernon,
New York who became totally or partially separated from
employment on or after March 29, 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 25th day of April, 2005.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance