Petitioner Type: Company
Impact Date: 06/01/2004
Filed Date: 06/02/2005
Most Recent Update: 06/15/2005
Determination Date: 06/15/2005
Expiration Date: 06/15/2007
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-57,281
CONTINENTAL JC., INC.
NEW YORK, NEW YORK
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, 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 June 2, 2005 in response to
a petition filed by a state workforce agent on behalf of workers of
Continental JC, Inc., New York, New York. The workers at the
subject firm produce jewelry.
Production of jewelry at the subject firm declined absolutely
upon its shutdown of May 2005. The decline in employment at the
subject plant is related to a shift in production of jewelry to a
country (Dominican Republic) that is a beneficiary under the
Caribbean Basin Economic Recovery Act.
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.
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 workers in the workers' firm possess skills that are
easily transferable.
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 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 Continental JC, Inc., New York, New York who
became totally or partially separated from employment on or
after June 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."
I further determine that all workers of Continental JC, Inc.,
New York, New York, 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 15th day of June, 2005.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance