Petitioner Type: Company
Impact Date:
Filed Date: 08/12/2005
Most Recent Update: 08/17/2005
Determination Date: 08/17/2005
Expiration Date:
Employment and Training Administration
TA-W-57,739
BON WORTH, INC.
BONWORTH DISTRIBUTION CENTER
HENDERSONVILLE, NORTH 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 investigation was initiated on August 12, 2005 in response
to a petition filed by a company official on behalf of workers of
Bon Worth, Inc., BonWorth Distribution Center, Hendersonville,
North Carolina. The workers performed general warehousing
activities only.
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 domestically and there must be a
relationship between the workers' work and the article produced by
the workers' firm or appropriate subdivision. The investigation
revealed that although production of an article(s) occurred within
the firm or appropriate subdivision, the warehouse workers
described above do not support this production. 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, I determine that all workers of Bon
Worth, Inc., BonWorth Distribution Center, Hendersonville, North
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
(ATAA) under Section 246 of the Trade Act of 1974.
Signed in Washington, D.C. this 17th day of August, 2005.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance