Petitioner Type: Company
Impact Date: 05/02/2004
Filed Date: 05/04/2005
Most Recent Update: 05/27/2005
Determination Date: 05/27/2005
Expiration Date: 05/27/2007
Employment and Training Administration
TA-W-57,107
SEABOARD ATLANTIC GARMENT, INC.
INCLUDING ON-SITE LEASED WORKERS OF
FIRST CHOICE STAFFING
EAST SYRACUSE, NEW YORK
TA-W-57,107A
SEABOARD ATLANTIC GARMENT, INC.
BETHLEHEM DYE HOUSE DIVISION
INCLUDING ON-SITE LEASED WORKERS OF
FIRST CHOICE STAFFING
BETHLEHEM, PENNSYLVANIA
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 May 4, 2005 in response to a
petition filed by a company official on behalf of workers at Seaboard
Atlantic Garment, Inc., including on-site leased workers of First Choice
Staffing, East Syracuse, New York (TA-W-57,107) and Seaboard Atlantic
Garments, Inc., Bethlehem Dye House Division, including on-site leased
workers of First Choice Staffing, Bethlehem, Pennsylvania (TA-W-57,107A).
The workers at the subject firm produce ladies clothing: shirts, sweat
shirts, sweat pants, and shorts.
The Bethlehem, Pennsylvania (TW-A-57,107A) facility dyes the fabric
and then ships the fabric to East Syracuse, New York (TA-W-57,107) to be
cut and sewn into the finished product.
The investigation revealed that employment, sales, and production
declined at East Syracuse, New York (TA-W-57,107) and the Bethlehem,
Pennsylvania (TA-W-57,107A) facilities during the relevant period.
Furthermore, the subject firm shifted production of ladies clothing:
shirts, sweat shirts, sweat pants, and shorts to countries (Canada and
Dominican Republic) that are parties to a free trade agreement with the
United States.
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 there was a shift in production from the workers' firm or
subdivision to Canada and 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 Seaboard Atlantic Garment, Inc., including on-site
leased workers of First Choice Staffing, East Syracuse, New York
(TA-W-57,107) and all workers of Seaboard Atlantic Garment, Inc.,
including on-site leased workers of First Choice Staffing,
Bethlehem, Pennsylvania (TA-W-57,107A), who became totally or
partially separated from employment on or after May 2, 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 27th day of May 2005
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance