Petitioner Type: Company
Impact Date:
Filed Date: 01/10/2006
Most Recent Update: 01/24/2006
Determination Date: 01/24/2006
Expiration Date:
Employment and Training Administration
TA-W-58,607
KELLWOOD COMPANY
MORGANTOWN DISTRIBUTION CENTER
MORGANTOWN, 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 January 10, 2006 in
response to a petition filed by a company official on behalf of
workers of Kellwood Company, Morgantown Distribution Center,
Morgantown, Kentucky. The workers performed warehousing, packing,
and shipping activities.
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 domestically and there must be a
relationship between the workers' work and the article produced by
the workers' firm or appropriate subdivision. The investigation
revealed that the warehouse, packing and distribution workers do
not support domestic production of the Kellwood Company. Thus the
worker group cannot 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 Kellwood Company,
Morgantown Distribution Center, Morgantown, 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 24th day of January, 2006.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance