Petitioner Type: Company
Impact Date: 04/18/2004
Filed Date: 04/19/2005
Most Recent Update: 05/27/2005
Determination Date: 05/27/2005
Expiration Date: 05/27/2007
Employment and Training Administration
TA-W-57,002
GERAY FABRICS, INC.
NEY YORK, NEW YORK
TA-W-57,002A
GERAY FABRICS, INC.
MORGANVILLE, NEW JERSEY
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), 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 19, 2005, in response
to a petition filed by a company official on behalf of workers of
GeRay Fabrics, Inc., New York, New York (TA-W-57,002) and GeRay
Fabrics, Inc., Morganville, New Jersey (TA-W-57,002A). The workers
were engaged in employment related to the production of dyed and
finished knit fabric.
The investigation revealed that employment declined at the
subject plant during the relevant period.
The investigation also revealed that workers at the GeRay
Fabrics, Inc. were in direct support of Lustar Dyeing and
Finishing, Inc., Asheville, North Carolina (TA-W-56,924), an
affiliated facility that was recently certified eligible to apply
for trade adjustment assistance. The certification was based on
increased customer imports.
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.
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 investigation revealed workers at GeRay Fabrics, Inc.
possess skills that are easily transferable.
Conclusion
After careful review of the facts obtained in the
investigation, I conclude that increases of imports of finished
knit fabric produced by GeRay Fabrics, Inc. contributed importantly
to the total or partial separation of workers and to the decline in
sales or production at that firm or subdivision.
In accordance with the provisions of the Act, I make the
following certification:
"All workers of GeRay Fabrics, Inc., New York, New York (TA-W-
57,002) and GeRay Fabrics, Inc., Morganville, New Jersey (TA-
W-57,002A), who became totally or partially separated from
employment on or after April 18, 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 all workers of GeRay Fabrics, Inc.,
New York, New York (TA-W-57,002) and GeRay Fabrics, Inc.,
Morganville, New Jersey (TA-W-57,002A), 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 27th day of May, 2005.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance