Petitioner Type: State
Impact Date: 11/28/2004
Filed Date: 11/28/2005
Most Recent Update: 01/06/2006
Determination Date: 01/06/2006
Expiration Date: 01/06/2008
Employment and Training Administration
TA-W-58,412
F.SCHUMACHER & CO.
NEWARK CUSTOMER SERVICE FACILITY
NEWARK, DELAWARE
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), 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 November 28, 2005, in
response to a petition filed by a state agency representative on
behalf of workers of F. Schumacher & CO., Newark Customer
Service Facility, Newark, Delaware. The workers provide
administrative support services directly related to the firm's
production of home furnishings (i.e. pillows, tabletops, bedding
and draperies).
The investigation revealed that employment at the Newark
Customer Service Facility in Newark, Delaware, declined from
November 2004 to November 2005.
The investigation revealed that sales and production of
home furnishings at the related production facility decreased
from 2004 to 2005.
The investigation further revealed that company imports of
home furnishings increased from 2004 to 2005.
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 2 has not
been met.
A significant number of workers at the firm are age 50 or
over possess skills that are easily transferable.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with home furnishings (i.e.
pillows, tabletops, bedding and draperies) produced by F.
Schumacher & CO., contributed importantly to the total or
partial separation of workers and to the decline in production
at that firm or subdivision. In accordance with the provisions
of the Act, I make the following certification:
"All workers of F. Schumacher & CO., Newark Customer
Service Facility, Newark, Delaware, who became totally or
partially separated from employment on or after October
November 28, 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
I further determine that all workers of F. Schumacher &
CO., Newark Customer Service Facility, Newark, Delaware, 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 6th day of January 2006.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance