Petitioner Type: Company
Impact Date: 06/04/2006
Filed Date: 04/28/2006
Most Recent Update: 05/31/2006
Determination Date: 05/31/2006
Expiration Date: 05/31/2008
Other Worker Groups on This Petition
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-59,299
BAYER CLOTHING GROUP, INC.
CLEARFIELD, PENNSYLVANIA
TA-W-59,299A
BAYER CLOTHING GROUP, INC.
SALES AND MERCHANDISING OFFICE
NEW YORK, NEW YORK
TA-W-59,299B
BAYER CLOTHING GROUP, INC.
TARGET SALES CORP
NAPERVILLE, ILLINOIS
TA-W-59,299C
BAYER CLOTHING GROUP, INC.
TARGET SALES CORP.
FRISCO, TEXAS
Amended 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 (19
USC 2273), and Section 246 of the Trade Act of 1974 (26 USC
2813), as amended, the Department of Labor issued a Certification
Regarding Eligibility to Apply for Worker Adjustment Assistance
and Alternative Trade Adjustment Assistance on May 31, 2006,
applicable to workers of Bayer Clothing Group, Inc., Clearfield,
Pennsylvania. The notice was published in the Federal Register on
June 22, 2006 (71 FR 35949).
At the request of a company official, the Department
reviewed the certification for workers of the subject firm. New
information shows that worker separations have occurred involving
employees of the New York, New York Sales and Merchandising
Office and the Target Sales Corporation, Naperville, Illinois and
Frisco, Texas facilities of Bayer Clothing Group, Inc.,
Clearfield, Pennsylvania.
Employees of the New York, New York Sales and Merchandising
Office and Target Sales Corp., Inc., Naperville, Illinois and
Frisco, Texas provide sales function services for the production
of suits, blazers and pants produced by the subject firm.
Based on these findings, the Department is amending this
certification to include employees of the New York, New York
Sales and Merchandising Office and Target Sales Corp., Inc.,
Naperville, Illinois and Frisco, Texas facilities of Bayer
Clothing Group, Inc.
The intent of the Department’s certification is to include
all workers of Bayer Clothing Group, Inc., Clearfield,
Pennsylvania who were adversely affected by a shift in production
to Nicaragua and the Dominican Republic.
The amended notice applicable to TA-W-59,299 is hereby
issued as follows:
"All workers of Bayer Clothing Group, Inc., Clearfield,
Pennsylvania (TA-W-59,299), Bayer Clothing Group, Inc.,
Sales and Merchandising Office, New York, New York (TA-
W-59,299A) and Bayer Clothing Group, Inc., Target Sales
Corp., Naperville, Illinois (TA-W-59,299B) and Target
Sales Corp., Frisco, Texas, who became totally or
partially separated from employment on or after June 4,
2006, through May 31, 2008, 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 at Washington, D.C. this 8th day of May 2007.
/s/ Linda G. Poole _______
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-59,299
BAYER CLOTHING GROUP, INC.
CLEARFIELD, 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)(B) of
Section 222 have been met.
The investigation was initiated on April 28, 2006, in response
to a petition filed by a company official on behalf of workers of
Bayer Clothing Group, Inc., Clearfield, Pennsylvania. The workers
produce suits, blazers and pants; they are not separately
identifiable by articles produced.
The investigation revealed that the preponderance in the
declines in employment at Bayer Clothing Group, Inc., Clearfield,
Pennsylvania is related to a shift in production of suits, blazers
and pants to Nicaragua and Dominican Republic, countries that are
beneficiary countries under the Caribbean Basin Economic Recovery
Act.
In addition, in accordance with Section 246 of 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.
The investigation further revealed that the workers were under
an existing TAA/ATAA certification which expired on June 3, 2006.
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 Nicaragua and Dominican
Republic of articles that are like or directly competitive with the
suits, blazers, and pants produced by the subject firm or
subdivision. In accordance with the provisions of the Act, I make
the following certification:
"All workers of Bayer Clothing Group, Inc., Clearfield,
Pennsylvania who became totally or partially separated from
employment on or after June 4, 2006 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 31st day of May 2006.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
3
Employment and Training Administration
TA-W-59,299
BAYER CLOTHING GROUP, INC.
CLEARFIELD, PENNSYLVANIA
TA-W-59,299A
BAYER CLOTHING GROUP, INC.
SALES AND MERCHANDISING OFFICE
NEW YORK, NEW YORK
TA-W-59,299B
BAYER CLOTHING GROUP, INC.
TARGET SALES CORP
NAPERVILLE, ILLINOIS
TA-W-59,299C
BAYER CLOTHING GROUP, INC.
TARGET SALES CORP.
FRISCO, TEXAS
Amended 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 (19
USC 2273), and Section 246 of the Trade Act of 1974 (26 USC
2813), as amended, the Department of Labor issued a Certification
Regarding Eligibility to Apply for Worker Adjustment Assistance
and Alternative Trade Adjustment Assistance on May 31, 2006,
applicable to workers of Bayer Clothing Group, Inc., Clearfield,
Pennsylvania. The notice was published in the Federal Register on
June 22, 2006 (71 FR 35949).
At the request of a company official, the Department
reviewed the certification for workers of the subject firm. New
information shows that worker separations have occurred involving
employees of the New York, New York Sales and Merchandising
Office and the Target Sales Corporation, Naperville, Illinois and
Frisco, Texas facilities of Bayer Clothing Group, Inc.,
Clearfield, Pennsylvania.
Employees of the New York, New York Sales and Merchandising
Office and Target Sales Corp., Inc., Naperville, Illinois and
Frisco, Texas provide sales function services for the production
of suits, blazers and pants produced by the subject firm.
Based on these findings, the Department is amending this
certification to include employees of the New York, New York
Sales and Merchandising Office and Target Sales Corp., Inc.,
Naperville, Illinois and Frisco, Texas facilities of Bayer
Clothing Group, Inc.
The intent of the Department’s certification is to include
all workers of Bayer Clothing Group, Inc., Clearfield,
Pennsylvania who were adversely affected by a shift in production
to Nicaragua and the Dominican Republic.
The amended notice applicable to TA-W-59,299 is hereby
issued as follows:
"All workers of Bayer Clothing Group, Inc., Clearfield,
Pennsylvania (TA-W-59,299), Bayer Clothing Group, Inc.,
Sales and Merchandising Office, New York, New York (TA-
W-59,299A) and Bayer Clothing Group, Inc., Target Sales
Corp., Naperville, Illinois (TA-W-59,299B) and Target
Sales Corp., Frisco, Texas, who became totally or
partially separated from employment on or after June 4,
2006, through May 31, 2008, 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 at Washington, D.C. this 8th day of May 2007.
/s/ Linda G. Poole _______
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-59,299
BAYER CLOTHING GROUP, INC.
CLEARFIELD, 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)(B) of
Section 222 have been met.
The investigation was initiated on April 28, 2006, in response
to a petition filed by a company official on behalf of workers of
Bayer Clothing Group, Inc., Clearfield, Pennsylvania. The workers
produce suits, blazers and pants; they are not separately
identifiable by articles produced.
The investigation revealed that the preponderance in the
declines in employment at Bayer Clothing Group, Inc., Clearfield,
Pennsylvania is related to a shift in production of suits, blazers
and pants to Nicaragua and Dominican Republic, countries that are
beneficiary countries under the Caribbean Basin Economic Recovery
Act.
In addition, in accordance with Section 246 of 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.
The investigation further revealed that the workers were under
an existing TAA/ATAA certification which expired on June 3, 2006.
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 Nicaragua and Dominican
Republic of articles that are like or directly competitive with the
suits, blazers, and pants produced by the subject firm or
subdivision. In accordance with the provisions of the Act, I make
the following certification:
"All workers of Bayer Clothing Group, Inc., Clearfield,
Pennsylvania who became totally or partially separated from
employment on or after June 4, 2006 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 31st day of May 2006.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
3