Petitioner Type: Company
Impact Date: 10/31/2004
Filed Date: 11/07/2005
Most Recent Update: 12/12/2005
Determination Date: 12/12/2005
Expiration Date: 12/12/2007
Employment and Training Administration
TA-W-58,285
SAX HOSIERY, INC.
INCLUDING LEASED WORKERS OF THE AGENCY
GIBSONVILLE, NORTH CAROLINA
Certification Regarding Eligibility
To Apply For Worker Adjustment Assistance and
Negative Determination Regarding Eligibility To Apply For
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, 2004 in
response to a petition filed by a company official on behalf of
workers of Sax Hosiery, Inc., Gibsonville, North Carolina. The
workers of the subject facility are involved in the finishing of
socks and hosiery. Specifically, the workers bleach, dye or scour
the products, then dry, fold and distribute them to customers.
The worker group includes on-site leased workers of The Agency.
The investigation revealed that sales, production and
employment at the subject facility declined absolutely upon the
facility's shutdown, which occurred on November 4, 2005.
The Department of Labor surveyed the subject facility's
primary customers regarding their purchases of socks. The survey
revealed increased customer imports accompanied by reductions from
the subject firm.
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.
The group eligibility criteria for the ATAA program that the
Department must consider under Section 246 of the Trade Act are:
1. Whether a significant number of workers in the workers'
firm are 50 years of age or older.
2. Whether the workers in the workers' firm possess skills
that are not easily transferable.
3. The competitive conditions within the workers' industry
(i.e., conditions within the industry are adverse).
The Department has determined that criterion two has not been
met.
The investigation revealed that the workers possess skills
that are easily transferable to other positions.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with socks produced at Sax Hosiery,
Inc., Gibsonville, North Carolina 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 Sax Hosiery, Inc., including leased workers of
The Agency, Gibsonville, North Carolina who became totally or
partially separated from employment on or after October 31,
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."
I further determine that all workers of Sax Hosiery, Inc.,
including leased workers of The Agency, Gibsonville, North
Carolina are denied eligibility to apply for alternative trade
adjustment assistance under Section 246 of the Trade Act of
1974.
Signed in Washington, D. C. this 12th day of December 2005
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance