Petitioner Type: Company
Impact Date: 03/08/2005
Filed Date: 03/10/2006
Most Recent Update: 03/28/2006
Determination Date: 03/28/2006
Expiration Date: 03/28/2008
Employment and Training Administration
TA-W-58,987
LADY ESTER LINGERIE CORPORATION
BERWICK, PENNSYLVANIA
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)(A) of Section 222 have been met.
The investigation was initiated on March 10, 2006, in
response to a petition filed by a company official on behalf of
workers at two locations of Lady Ester Lingerie Corporation in
Berwick, Pennsylvania. Workers at Lady Ester Lingerie
Corporation, 404 East 10th Street, Berwick, Pennsylvania location
are engaged in providing administrative duties such as human
resources and management related to the production of under
clothing such as lingerie, sleepwear and slips, produced by
workers at Lady Ester Lingerie Corporation, 2100 Dickinson
Street, Berwick, Pennsylvania.
The petition investigation revealed that production and
employment declined from 2004 to 2005 and during January to
February 2006 over the corresponding January to February 2005
period.
The investigation also revealed that the company increased
imports of lingerie and undergarments from 2004 to 2005 and in
January through February 2006.
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 this industry are adverse.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with lingerie and undergarments
produced by Lady Ester Lingerie Corporation, Berwick,
Pennsylvania, 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 Lady Ester Lingerie Corporation, Berwick,
Pennsylvania, who became totally or partially separated
from employment on or after March 8, 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 28th day of March, 2006
/s/Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance