Petitioner Type: Workers
Impact Date:
Filed Date: 10/20/2006
Most Recent Update: 11/21/2006
Determination Date: 11/21/2006
Expiration Date:
Employment and Training Administration
TA-W-60,272
ELDER MANUFACTURING COMPANY, INC.
DEXTER FACILITY
DEXTER, MISSOURI
Negative Determinations 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 October 20, 2006, in
response to a petition filed on behalf of workers of Elder
Manufacturing Company, Inc., Dexter Facility, Dexter, Missouri. The
workers at the subject firm served as a consolidated point
(warehousing and distribution) for raw materials used in the
manufacturing of their products in Central America. The primary
function of the Dexter location was to provide back-office
manufacturing support (scheduling, costing, and marking) for El
Salvador operation and other non-affiliated manufacturing
contractors located in Central America
All workers of the subject firm were certified eligible to
apply for trade adjustment assistance based on a shift in
production of the cutting of school uniforms, under petition number
TA-W-55,409, which was issued on September 13, 2004.
The Dexter facility began functioning as a raw materials
warehouse and consolidated location approximately 2 years ago when
the firm discontinued the central cutting operations and divested
the cutting function to an outside (non-affiliated) contractor in
Costa Rica.
The investigation revealed that Elder Manufacturing Company,
Inc., Dexter Facility, Dexter, Missouri, does not produce an
article within the meaning of Section 222(a)(2) of the Act. 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 and there must be a relationship between the
workers' work and the article produced by the workers' firm or
appropriate subdivision. The workers at the subject firm engaged
in the receipt and distribution of raw materials do not support a
firm or appropriate subdivision that produces an article
domestically and thus the worker group can not 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 this
investigation, I determine that all workers of Elder Manufacturing
Company, Inc., Dexter Facility, Dexter, Missouri, 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 at Washington, D.C. this 21st day of November 2006
/s/Linda G. Poole
________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance