Petitioner Type: Workers
Impact Date: 06/16/2004
Filed Date: 06/17/2005
Most Recent Update: 08/02/2005
Determination Date: 08/02/2005
Expiration Date: 08/02/2007
Employment and Training Administration
TA-W-57,405
FOAMEX
PLANT #11
NEWTON, NORTH CAROLINA
TA-W-57,405A
FOAMEX
PLANT #60
CONOVER, NORTH CAROLINA
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
(19 USC 2273), as amended, the Department of Labor herein
presents the results of an investigation regarding
certification of eligibility to apply for worker adjustment
assistance as a secondarily affected worker group.
In order to make an affirmative determination and
issue a certification of eligibility for secondary workers
to apply for Trade Adjustment Assistance, the group
eligibility requirements of paragraph (b) of Section 222 of
the Trade Act, as amended, must be met. It is determined in
this case that the requirements of (b) of Section 222, as
amended, have been met.
The investigation was initiated on June 17, 2005, in
response to a petition filed on behalf of workers at
Foamex, Plant #11, Newton, North Carolina (TA-W-57,405),
and Foamex, Plant #60, Conover, North Carolina (TA-W-
57,405A). The workers produced nonwoven textile foam for
carpet underployment, furniture and bedding. The workers
at each plant are not separately identifiable by the
articles produced.
The investigation revealed that Foamex, Plant #11,
Newton, North Carolina (TA-W-57,405), and Foamex, Plant
#60, Conover, North Carolina (TA-W-57,405A), supplies
component parts for upholstered furniture, and a loss of
business with a manufacturer of upholstered furniture whose
workers were certified eligible to apply for adjustment
assistance contributed importantly to the separation of
workers at those locations.
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 these cases 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 workers of Foamex, Plant
#11, Newton, North Carolina (TA-W-57,405) and Foamex, Plant
#60, Conover, North Carolina (TA-W-57,405A) qualify as
adversely affected secondary workers under Section 222 of
the Trade Act of 1974, as amended. In accordance with the
provisions of the Act, I make the following certification:
"All workers of Foamex, Plant #11, Newton, North
Carolina (TA-W-57,405), and Foamex, Plant #60,
Conover, North Carolina (TA-W-57,405A), who became
totally or partially separated from employment on or
after June 16, 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 at Washington, D.C., this 2nd day of August, 2005.
/s/ Linda G. Poole
__
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance