Petitioner Type: Workers
Impact Date:
Filed Date: 06/21/2005
Most Recent Update: 07/08/2005
Determination Date: 07/08/2005
Expiration Date:
Employment and Training Administration
TA-W-57,421
BLAIR CORPORATION
ERIE RETURNS CENTER
ERIE, PENNSYLVANIA
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 June 21, 2005, in response
to a petition filed on behalf of workers of Blair Corporation, Erie
Returns Center, Erie, Pennsylvania. The workers inspect returned
merchandise.
The investigation revealed that Blair Corporation, Erie
Returns Center, Erie, Pennsylvania, does 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. Workers do 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.
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 obtained in the
investigation, I determine that all workers of Blair Corporation,
Erie Returns Center, Erie, Pennsylvania are denied eligibility to
apply for adjustment assistance under Section 223 of the Trade Act
of 1974, as amended, and are also denied eligibility to apply for
alternative trade adjustment assistance under Section 246 of the
Trade Act of 1974, as amended.
Signed in Washington, D.C., this 8th day of July 2005
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance