Petitioner Type: Company
Impact Date:
Filed Date: 04/25/2005
Most Recent Update: 05/24/2005
Determination Date: 05/24/2005
Expiration Date:
Employment and Training Administration
TA-W-57,034
GROVER INDUSTRIES, INC.
GROVER PLANT DIVISION
GROVER, NORTH CAROLINA
Negative Determination 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.
The investigation was initiated on April 25, 2005 in
response to a petition filed by a company official on behalf of
workers of Grover Industries, Inc., Grover Plant Division,
Grover, North Carolina. The workers are engaged in sales and
distribution of spun cotton yarns.
The investigation revealed that Grover Industries, Inc.,
Grover Plant Division, Grover, North Carolina neither produces
an article nor performs activities related to production of an
article at an affiliated facility within the meaning of Section
222(a)(2) of the Act. In order to be considered eligible to
apply for adjustment assistance under Section 223 of the Trade
Act of 1974, the worker group seeking certification must work
for a "firm" or appropriate subdivision that produces an article
and there must be a relationship between the workers' work and
the article produced by the workers' firm or appropriate
subdivision. The petitioning worker group seeking certification
does not support a firm or appropriate subdivision that produces
an article and thus the worker group can not be considered
import impacted or affected by a shift in production of an
article.
The investigation also revealed that the subject firm did
not separate or threaten to separate a significant number or
proportion of workers as required by Section 222 of the Trade
Act of 1974. Significant number or proportion of the workers in
a firm or appropriate subdivision thereof, means that at least
three workers with a workforce of fewer than 50 workers or five
percent of the workers with a workforce of 50 or more.
In addition, 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 worker group must be
certified eligible to apply for trade adjustment assistance
(TAA). Since the workers are denied eligibility to apply for
TAA, the workers cannot be certified eligible for ATAA.
Conclusion
After careful review, I determine that all workers of
Grover Industries, Inc., Grover Plant Division, Grover, North
Carolina are denied eligibility to apply for adjustment
assistance under Section 223 of the Trade Act of 1974, and are
also denied eligibility to apply for alternative trade adjust-
ment assistance under Section 246 of the Trade Act of 1974.
Signed in Washington, D. C. this 24th day of May, 2005.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance