Petitioner Type: Union
Impact Date:
Filed Date: 07/20/2005
Most Recent Update: 07/22/2005
Determination Date: 07/22/2005
Expiration Date:
Employment and Training Administration
TA-W-57,586
ELBERTON MANUFACTURING COMPANY
ELBERTON, GEORGIA
TA-W-57,586A
RILLA, INC.
ELBERTON, GEORGIA
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 July 20, 2005, in response
to a petition filed by UNITE HERE, Southeast Regional Office, on
behalf of workers of Elberton Manufacturing Company, Elberton,
Georgia (TA-W-57,586) and Rilla, Inc., Elberton, Georgia (TA-W-
57,586A). The two companies are affiliated by way of Rhoda Lee,
Inc., New York, New York being the parent company.
The workers at Elberton Manufacturing receive and check
blouses made at an offshore location. The workers at Rilla, Inc.,
stock, pick, pack, seal, ship and invoice those blouses.
The investigation revealed that Elberton Manufacturing
Company, Elberton, Georgia, and Rilla, Inc., Elberton, Georgia, 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 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 assis-
tance (ATAA) for older workers.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the worker groups 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, I determine that all workers of Elberton
Manufacturing Company, Elberton, Georgia (TA-W-57,586), and Rilla,
Inc., Elberton, Georgia (TA-W-57,586A), are denied eligibility to
apply for adjustment assistance under Section 223 of the Trade Act
of 1974, and are also denied eligibility to apply for alternative
trade adjustment assistance under Section 246 of the Trade Act of
1974.
Signed in Washington, D.C., this 22nd day of July 2005
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance