Petitioner Type: Union
Impact Date: 10/01/2005
Filed Date: 03/16/2006
Most Recent Update: 04/03/2006
Determination Date: 04/03/2006
Expiration Date: 04/03/2008
Employment and Training Administration
TA-W-59,044
SPENCER'S INC.
MT. AIRY, NORTH CAROLINA
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 16, 2006, in
response to a petition filed by a company official on behalf of
workers of Spencer's Inc., Mt. Airy, North Carolina. The
workers produce knitted infant wear.
The workers were previously certified eligible to apply for
adjustment assistance under petition number TA-W-52,817, which
expired on September 30, 2005.
The investigation revealed that employment and production
at the subject firm declined absolutely from 2004 to 2005 and
that employment declines absolutely from January to February
2006 as compared to full year 2005.
The investigation further revealed that company imports of
knitted infant wear have increased during the relevant period.
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 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 do not possess skills that are easily
transferable. Competitive conditions within the 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 knitted infant wear produced
by Spencer's Inc., Mt. Airy, North Carolina, 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 Spencer's Inc., Mt. Airy, North Carolina,
who became totally or partially separated from employment
on or after October 1, 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 3rd day of April, 2006
/s/Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance