Petitioner Type: Union
Impact Date:
Filed Date: 11/10/2005
Most Recent Update: 12/16/2005
Determination Date: 12/16/2005
Expiration Date:
Employment and Training Administration
TA-W-58,309
OBG MANUFACTURING COMPANY
LIBERTY, KENTUCKY
Negative Determination 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 November 10, 2005 in
response to a petition filed by United Food Commercial Workers,
Local 227 on behalf of workers of OBG Manufacturing Company,
Liberty, Kentucky. The workers are engaged in warehousing and
distribution of finished apparel products. Production (apparel) at
the facility ceased in 2003.
The investigation revealed that OBG Manufacturing Company,
Liberty, Kentucky, does not produce an article within the meaning
of Section 222(a)(2) of the Act. 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 and
there must be a relationship between the workers' work and the
article produced by the workers' firm or appropriate subdivision.
The warehouse and distribution workers do not support a firm or
appropriate subdivision that produced an article domestically
within the relevant period covered by this investigation and 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 of the facts obtained in the
investigation, I determine that all workers of OBG Manufacturing
Company, Liberty, Kentucky 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 16th day of December 2005.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance