Petitioner Type: State
Impact Date: 04/12/2004
Filed Date: 04/14/2005
Most Recent Update: 05/23/2005
Determination Date: 05/23/2005
Expiration Date: 05/23/2007
Employment and Training Administration
TA-W-56,960
KERN MANUFACTURING
A SUBSIDIARY OF LEADING LADY
CUTTING AND SEWING WORKERS
NEOGA, ILLINOIS
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), as amended, 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 14, 2005 in response
to a petition filed by a state workforce agent on behalf of workers
of Kern Manufacturing, a subsidiary of Leading Lady, Neoga,
Illinois. The relevant worker group is limited to workers engaged
in the cutting and sewing of nursing bras in the one year period
prior to the date of the petition which was April 12, 2005.
The investigation revealed that employment of workers engaged
in the cutting and sewing of nursing bras decreased during the
relevant period.
The Department of Labor surveyed major customers of the
subject firm regarding their purchases of maternity bras.
Customers reported reduced purchases from the subject firm and
increased imports in the first quarter of 2005 compared to the same
period one year earlier.
United States aggregate imports of foundation garments were
over 350 percent of domestic shipments in 2004, and imports
increased in the first quarter of 2005 compared with the same
period one year earlier.
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 Kern
Manufacturing, a subsidiary of Leading Lady, Neoga, Illinois,
contributed 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 engaged in the cutting and sewing of nursing bras
at Kern Manufacturing, a subsidiary of Leading Lady, Neoga,
Illinois, who became totally or partially separated from
employment on or after April 12, 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 23rd day of May, 2005.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance