Petitioner Type: Union
Impact Date: 06/20/2004
Filed Date: 06/22/2005
Most Recent Update: 07/29/2005
Determination Date: 07/29/2005
Expiration Date: 07/29/2007
Employment and Training Administration
TA-W-57,431
FECHHEIMER BROTHERS COMPANY
A SUBSIDIARY OF BERKSHIRE HATHAWAY
JEFFERSON, PENNSYLVANIA
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 22, 2005, in
response to a petition filed by UNITE/HERE on behalf of workers
of Fechheimer Brothers Company, a subsidiary of Berkshire
Hathaway, Jefferson, Pennsylvania. The workers produce uniform
shirts.
Production and employment declined absolutely when the
subject facility closed in July 2005.
The investigation also revealed that the subject firm
shifted production of uniform shirts to a country (El Salvador)
that is a party to the Caribbean Basin Economic Recovery Act.
In addition, in accordance with Section 246 of 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
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 skills are easily transferable in the local
area.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that there has been a shift in
production from the workers' firm or subdivision to El Salvador
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 Fechheimer Brothers Company, a subsidiary
of Berkshire Hathaway, Jefferson, Pennsylvania who became
totally or partially separated from employment on or after
June 20, 2004 through two years from the date of
certification are eligible to apply for adjustment assis-
tance under Section 223 of the Trade Act of 1974;" and
I further determine that all workers of Fechheimer Brothers
Company, a subsidiary of Berkshire Hathaway, Jefferson,
Pennsylvania, are denied eligibility to apply for alternative
trade adjustment assistance under Section 246 of the Trade Act
of 1974.
Signed at Washington, D.C., this 29th day of July 2005.
/s/ Linda G. Poole
__
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance