Petitioner Type: State
Impact Date:
Filed Date: 08/09/2005
Most Recent Update: 08/25/2005
Determination Date: 08/25/2005
Expiration Date:
Employment and Training Administration
TA-W-57,698
ACTION STAFFING-SENECA OFFICE
WORKERS AT WESTPOINT STEVENS
CURRENTLY KNOWN AS WESTPOINT HOME
BED PRODUCTS DIVISION
CLEMSON, SOUTH CAROLINA
Negative Determinations 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 group eligibility
requirements for directly-impacted (primary) workers under Section
222(a) the Trade Act of 1974, as amended, can be satisfied in
either of two ways:
I. Section (a)(2)(A) all of the following must be satisfied:
A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm,
have become totally or partially separated, or are
threatened to become totally or partially separated;
B. the sales or production, or both, of such firm or
subdivision have decreased absolutely; and
C. increased imports of articles like or directly competitive
with articles produced by such firm or subdivision have
contributed importantly to such workers' separation or
threat of separation and to the decline in sales or
production of such firm or subdivision; or
II. Section (a)(2)(B) both of the following must be satisfied:
A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the
firm, have become totally or partially separated, or are
threatened to become totally or partially separated;
B. there has been a shift in production by such workers' firm
or subdivision to a foreign country of articles like or
directly competitive with articles which are produced by
such firm or subdivision; and
C. One of the following must be satisfied:
1. the country to which the workers' firm has shifted
production of the articles is a party to a free trade
agreement with the United States;
2. the country to which the workers' firm has shifted
production of the articles is a beneficiary country
under the Andean Trade Preference Act, African Growth
and Opportunity Act, or the Caribbean Basin Economic
Recovery Act; or
3. there has been or is likely to be an increase in
imports of articles that are like or directly
competitive with articles which are or were produced
by such firm or subdivision.
The investigation was initiated on August 9, 2005 in response
to a petition filed by a state agency representative on behalf of
workers of Action Staffing-Seneca Office working at WestPoint
Stevens, currently known as West Point Home, Bed Products Division,
Clemson, South Carolina. The Action Staffing workers at WestPoint
Home production facility are engaged in activities related to the
production of sheets and pillowcases (machine operators, forklift
operators, supervisors, technicians, and baggers).
The investigation revealed that the criteria (a)(2)(A)(I.A)
and (a)(2)(B)(II.A) have not been met.
The subject firm did not separate or threaten to separate a
significant number or proportion of workers as required by Section
222 of the Trade Act of 1974. Employment of Action Agency workers
at the WestPoint production facility in Clemson, South Carolina,
increased from August 2004 to August 2005.
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 Action Staffing-
Seneca Office, working at WestPoint Home, currently known as West
Point Home, Bed Products Division, Clemson, South Carolina, 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 25th day of August 2005.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance