Petitioner Type: Workers
Impact Date: 11/08/2005
Filed Date: 11/14/2006
Most Recent Update: 12/05/2006
Determination Date: 12/05/2006
Expiration Date: 12/05/2008
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-60,409
DAVIS INTERNATIONAL
OKOLONA, MISSISSIPPI
Notice of Negative Determination
Regarding Application for Reconsideration
By application of January 2, 2007, a petitioner requested
administrative reconsideration of the Department's negative
determination regarding eligibility for workers and former
workers of the subject firm to apply for Alternative Trade
Adjustment Assistance (ATAA).
The workers of Davis International, Okolona, Mississippi
were certified eligible to apply for Trade Adjustment Assistance
(TAA) and denied to apply for ATAA on December 5, 2006. The
denial notice will be soon published in the Federal Register.
Pursuant to 29 CFR 90.18(c) reconsideration may be granted
under the following circumstances:
(1) If it appears on the basis of facts not previously
considered that the determination complained of
was erroneous;
(2) if it appears that the determination complained of
was based on a mistake in the determination of facts
not previously considered; or
(3) if in the opinion of the Certifying Officer, a mis-
interpretation of facts or of the law justified
reconsideration of the decision.
The group eligibility criteria for the ATAA program
that the Department must consider under Section 246 of the
Trade Act are:
1. Whether a significant number of workers in the
workers' firm are 50 years of age or older.
2. Whether the workers in the workers' firm possess skills
that are not easily transferable.
3. The competitive conditions within the workers' industry
(i.e., conditions within the industry are adverse).
The initial ATAA investigation revealed that no workers at
the subject firm were 50 years of age or older during the
relevant time period and thus criterion (1) has not been met.
In the request for reconsideration, the petitioner stated
that he was part of the petitioning worker group and that he was
also over the age of 50 during the relevant time period.
A company official was contacted to confirm the age of all
the employees of the subject firm during the relevant time
period. The company official did acknowledge the fact that the
worker who submitted the request for reconsideration is over the
age of 50 and that she made a mistake omitting him from the
petitioning worker group during the initial investigation. The
official further stated that this worker was the only employee
over the age of 50 or older at the subject firm during the
relevant time period.
When assessing eligibility for ATAA, the Department makes
its determinations based on the requirements as outlined in
Section 222 of the Trade Act. In particular, the Department
considers the relevant employment data for the facility where the
petitioning worker group was employed in order to establish
whether criterion 1 has been met. For this purpose, the term
“significant number” means five percent of the adversely affected
workforce or 50 workers, whichever is less, or at least three
workers in a firm with less than 50 adversely affected workers.
As the total number of workers 50 years of age or older was
one employee during the relevant period, criterion (1) of the
eligibility requirements for ATAA has not been met.
Conclusion
After review of the application and investigative findings,
I conclude that there has been no error or misinterpretation of
the law or of the facts which would justify reconsideration of
the Department of Labor's prior decision. Accordingly, the
application is denied.
Signed at Washington, D.C., this 17th day of January, 2007.
/s/ Elliott S. Kushner
__________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
4510-30-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-60,409
DAVIS INTERNATIONAL
OKOLONA, MISSISSIPPI
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Negative Determination Regarding Eligibility to Apply for
Alternative Trade Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), as amended, the Department of Labor herein presents the
results of its 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 November 14, 2006, in
response to a petition filed on behalf of workers at Davis
International, Okolona, Mississippi. The workers at the subject
firm produced samples in support of the production of upholstered
furniture at an affiliated location.
The preponderance in the declines in employment at the subject
firm is related to a shift in plant production of upholstered
furniture to China from an affiliated facility. The affiliated
facility will increase the imports of upholstered furniture
following the shift in production abroad.
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.
The group eligibility criteria for the ATAA program that the
Department must consider under Section 246 of the Trade Act are:
4. Whether a significant number of workers in the workers'
firm are 50 years of age or older.
5. Whether the workers in the workers' firm possess skills
that are not easily transferable.
6. The competitive conditions within the workers' industry
(i.e., conditions within the industry are adverse).
The Department has determined that criterion (1) has not been
met.
The investigation revealed that no workers at the subject firm
are over the age of 50.
Conclusion
After careful review of the facts obtained in the
investigation, I conclude that there was a shift in production from
a firm or subdivision supported by the petitioning worker group to
China of articles that are like or directly competitive with those
produced by the subject firm or subdivision, and there has been or
is likely to be an increase in imports of like or directly
competitive articles. In accordance with the provisions of the Act,
I make the following certification:
"All workers of Davis International, Okolona, Mississippi who
became totally or partially separated from employment on or
after November 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.”
I further determine that all workers of Davis International,
Okolona, Mississippi are denied eligibility for Alternative Trade
Adjustment Assistance under Section 246 of the Trade Act of 1974.
Signed in Washington, D.C. this 5th day of December 2006.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
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Employment and Training Administration
TA-W-60,409
DAVIS INTERNATIONAL
OKOLONA, MISSISSIPPI
Notice of Negative Determination
Regarding Application for Reconsideration
By application of January 2, 2007, a petitioner requested
administrative reconsideration of the Department's negative
determination regarding eligibility for workers and former
workers of the subject firm to apply for Alternative Trade
Adjustment Assistance (ATAA).
The workers of Davis International, Okolona, Mississippi
were certified eligible to apply for Trade Adjustment Assistance
(TAA) and denied to apply for ATAA on December 5, 2006. The
denial notice will be soon published in the Federal Register.
Pursuant to 29 CFR 90.18(c) reconsideration may be granted
under the following circumstances:
(1) If it appears on the basis of facts not previously
considered that the determination complained of
was erroneous;
(2) if it appears that the determination complained of
was based on a mistake in the determination of facts
not previously considered; or
(3) if in the opinion of the Certifying Officer, a mis-
interpretation of facts or of the law justified
reconsideration of the decision.
The group eligibility criteria for the ATAA program
that the Department must consider under Section 246 of the
Trade Act are:
1. Whether a significant number of workers in the
workers' firm are 50 years of age or older.
2. Whether the workers in the workers' firm possess skills
that are not easily transferable.
3. The competitive conditions within the workers' industry
(i.e., conditions within the industry are adverse).
The initial ATAA investigation revealed that no workers at
the subject firm were 50 years of age or older during the
relevant time period and thus criterion (1) has not been met.
In the request for reconsideration, the petitioner stated
that he was part of the petitioning worker group and that he was
also over the age of 50 during the relevant time period.
A company official was contacted to confirm the age of all
the employees of the subject firm during the relevant time
period. The company official did acknowledge the fact that the
worker who submitted the request for reconsideration is over the
age of 50 and that she made a mistake omitting him from the
petitioning worker group during the initial investigation. The
official further stated that this worker was the only employee
over the age of 50 or older at the subject firm during the
relevant time period.
When assessing eligibility for ATAA, the Department makes
its determinations based on the requirements as outlined in
Section 222 of the Trade Act. In particular, the Department
considers the relevant employment data for the facility where the
petitioning worker group was employed in order to establish
whether criterion 1 has been met. For this purpose, the term
“significant number” means five percent of the adversely affected
workforce or 50 workers, whichever is less, or at least three
workers in a firm with less than 50 adversely affected workers.
As the total number of workers 50 years of age or older was
one employee during the relevant period, criterion (1) of the
eligibility requirements for ATAA has not been met.
Conclusion
After review of the application and investigative findings,
I conclude that there has been no error or misinterpretation of
the law or of the facts which would justify reconsideration of
the Department of Labor's prior decision. Accordingly, the
application is denied.
Signed at Washington, D.C., this 17th day of January, 2007.
/s/ Elliott S. Kushner
__________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
4510-30-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-60,409
DAVIS INTERNATIONAL
OKOLONA, MISSISSIPPI
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Negative Determination Regarding Eligibility to Apply for
Alternative Trade Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), as amended, the Department of Labor herein presents the
results of its 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 November 14, 2006, in
response to a petition filed on behalf of workers at Davis
International, Okolona, Mississippi. The workers at the subject
firm produced samples in support of the production of upholstered
furniture at an affiliated location.
The preponderance in the declines in employment at the subject
firm is related to a shift in plant production of upholstered
furniture to China from an affiliated facility. The affiliated
facility will increase the imports of upholstered furniture
following the shift in production abroad.
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.
The group eligibility criteria for the ATAA program that the
Department must consider under Section 246 of the Trade Act are:
4. Whether a significant number of workers in the workers'
firm are 50 years of age or older.
5. Whether the workers in the workers' firm possess skills
that are not easily transferable.
6. The competitive conditions within the workers' industry
(i.e., conditions within the industry are adverse).
The Department has determined that criterion (1) has not been
met.
The investigation revealed that no workers at the subject firm
are over the age of 50.
Conclusion
After careful review of the facts obtained in the
investigation, I conclude that there was a shift in production from
a firm or subdivision supported by the petitioning worker group to
China of articles that are like or directly competitive with those
produced by the subject firm or subdivision, and there has been or
is likely to be an increase in imports of like or directly
competitive articles. In accordance with the provisions of the Act,
I make the following certification:
"All workers of Davis International, Okolona, Mississippi who
became totally or partially separated from employment on or
after November 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.”
I further determine that all workers of Davis International,
Okolona, Mississippi are denied eligibility for Alternative Trade
Adjustment Assistance under Section 246 of the Trade Act of 1974.
Signed in Washington, D.C. this 5th day of December 2006.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
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