Petitioner Type: State
Impact Date:
Filed Date: 05/17/2005
Most Recent Update: 06/02/2005
Determination Date: 06/02/2005
Expiration Date:
Employment and Training Administration
TA-W-57,191
INTRADECO APPAREL
DISTRIBUTION CENTER
MEDLEY, FLORIDA
TA-W-57,191A
INTRADECO APPAREL
MERCHANDISING OFFICE
NEW YORK, NEW YORK
Negative Determinations 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 May 17, 2005, in response
to a petition filed by a state workforce representative on behalf
of workers of Intradeco Apparel, Distribution Center, Medley,
Florida (TA-W-57,191) and Intradeco Apparel, Merchandising Office,
New York, New York (TA-W-57,191A).
Workers at Intradeco Apparel, Distribution Center, Medley,
Florida (TA-W-57,191) are engaged in the distribution of apparel
products. Workers at Intradeco Apparel, Merchandising Office, New
York, New York (TA-W-57,191A) are engaged in the design of apparel
products.
The investigation revealed that Intradeco Apparel,
Distribution Center, Medley, Florida (TA-W-57,191) and Intradeco
Apparel, Merchandising Office, New York, New York (TA-W-57,191A),
do not produce an article 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 (or on whose behalf
certification is being sought) 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 distribution
and design workers described above do not support a firm or
appropriate subdivision that produces an article domestically and
thus the worker group can not be considered import impacted or
affected by a shift in production of an article.
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 of the facts in this investigation, I
determine that all workers of Intradeco Apparel, Distribution
Center, Medley, Florida (TA-W-57,191) and Intradeco Apparel,
Merchandising Office, New York, New York (TA-W-57,191A) are denied
eligibility to apply for adjustment assistance under Section 223 of
the Trade Act of 1974, and alternative trade adjustment assistance
under Section 246 of the Trade Act of 1974.
Signed in Washington, D.C., this 2nd day of June 2005
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance