Petitioner Type: Workers
Impact Date: 10/20/2004
Filed Date: 10/24/2005
Most Recent Update: 12/08/2005
Determination Date: 12/08/2005
Expiration Date: 12/08/2007
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-58,197
FLYNN ENTERPRISES, LLC
ELKTON DIVISION
ELKTON, KENTUCKY
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), as amended, the Department of Labor herein presents the
results of its 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)(A) of
Section 222 have been met.
The investigation was initiated on October 24, 2005 in
response to a petition filed on behalf of workers of Flynn
Enterprises, LLC, Elkton Division, Elkton, Kentucky. The workers
produced men's, boys' and girls' denim jeans.
The investigation revealed that employment, sales and
production at the subject facility declined absolutely upon the
facility's shutdown, which occurred on November 28, 2005.
The Department of Labor surveyed the subject firm's major
customer regarding their purchases of denim jeans in 2003, 2004 and
January through September, 2005. The survey revealed increased
customer reliance on imports in the relevant periods.
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 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 group eligibility requirements
of Section 246 of the Trade Act must be met. The Department has
determined in this case that the requirements of Section 246 have
been met.
A significant number of workers at the firm are age 50 or over
and possess skills that are not easily transferable. Competitive
conditions within the industry are adverse.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with denim jeans produced at Flynn
Enterprises, LLC, Elkton Division, Elkton, Kentucky contributed
importantly to the total or partial separation of workers and to
the decline in sales or production at that firm or subdivision. In
accordance with the provisions of the Act, I make the following
certification:
"All workers of Flynn Enterprises, LLC, Elkton Division,
Elkton, Kentucky who became totally or partially separated
from employment on or after October 20, 2004 through two years
from the date of certification are eligible to apply for
adjustment assistance under Section 223 of the Trade Act of
1974, and are also eligible to apply for alternative trade
adjustment assistance under Section 246 of the Trade Act of
1974."
Signed in Washington, D. C., this 8th day of December 2005.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance