Petitioner Type: Company
Impact Date: 12/19/2005
Filed Date: 11/18/2005
Most Recent Update: 12/21/2005
Determination Date: 12/21/2005
Expiration Date: 12/21/2007
Employment and Training Administration
TA-W-58,380
DAN POST BOOT COMPANY
601 EAST RAILROAD STREET FACILITY
WAVERLY, TENNESSEE
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, 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.
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)(B) of
Section 222 have been met.
The investigation was initiated on November 18, 2005, in
response to a petition filed by a company official on behalf of
workers at Dan Post Boot Company, 601 East Railroad Street
Facility, Waverly, Tennessee. The workers produce cowboy boots.
Workers at the subject plant were certified eligible to apply
for adjustment assistance on December 18, 2003 (TA-W-53,712). That
certification expired December 18, 2005.
This investigation revealed that declines in employment at the
subject facility are related to a shift in production of cowboy
boots to a country (Mexico) that is a party to a free trade
agreement with the United States.
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 conclude that there was a shift in production from
the workers' firm or subdivision to Mexico of articles that are
like or directly competitive with those produced by the subject
firm or subdivision. In accordance with the provisions of the Act,
I make the following certification:
"All workers of Dan Post Boot Company, 601 East Railroad
Street Facility, Waverly, Tennessee, who became totally or
partially separated from employment on or after December 19,
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 21st day of December, 2005
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance