Petitioner Type: Company
Impact Date: 04/01/2004
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-56,973
J.J.'S MAE
DBA RAINBEAU
SAN FRANCISCO, CALIFORNIA
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 14, 2005 in response
to a petition filed by a company official on behalf of workers at
J.J Mae's, dba Rainbeau, San Francisco, California. The workers at
the subject facility produce cut fabric used in the production of
active-wear garments.
The preponderance in the declines in employment at J.J Mae's,
dba Rainbeau, San Francisco, California is related to a shift in
production of cut fabric to a country (Mexico) that is a party to a
free trade agreement with the United States.
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 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 Mexico of articles that are
like or directly competitive with the active-wear garments produced
by the subject firm or subdivision. In accordance with the
provisions of the Act, I make the following certification:
"All workers engaged in the production of active-wear garments
at J.J. Mae's, dba Rainbeau, San Francisco, California who
became totally or partially separated from employment on or
after April 1, 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/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance