Petitioner Type: Company
Impact Date: 12/10/2005
Filed Date: 11/07/2005
Most Recent Update: 12/16/2005
Determination Date: 12/16/2005
Expiration Date: 12/16/2007
Employment and Training Administration
TA-W-58,283
HARTZ & COMPANY, INC.
HARTZ-BROADWAY, INC. DIVISION
BROADWAY, VIRGINIA
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 November 7, 2005 in
response to a petition filed by a company official on behalf of
workers at Hartz & Company, Inc., Hartz-Broadway, Inc. Division,
Broadway, Virginia. The workers manufacture slacks and tailored
clothing.
The workers were previously certified eligible to apply for
adjustment assistance under petition number TA-W-53,547, which
expired December 9, 2005.
The investigation revealed that employment, sales, and
production at the subject firm declined during January through
October 2005 over the corresponding period of 2004. Additional
worker separations are expected.
The United States Department of Labor surveyed the subject
firm's major declining customer regarding its purchases of slacks
in 2003, 2004, and January through October 2005. The survey
revealed an increase in import purchases of slacks during the
period under investigation.
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 slacks produced at Hartz &
Company, Inc., Hartz-Broadway, Inc. Division, Broadway, Virginia,
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 Hartz & Company, Inc., Hartz-Broadway, Inc.
Division, Broadway, Virginia, who became totally or partially
separated from employment on or after December 10, 2005,
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 16th day of December 2005
/s/ Linda G. Poole
_____________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance