Petitioner Type: Workers
Impact Date: 04/06/2006
Filed Date: 04/09/2007
Most Recent Update: 04/13/2007
Determination Date: 04/13/2007
Expiration Date: 05/16/2009
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-61,265
O’BRYAN BROTHERS, INC.
INCLUDING ON-SITE LEASED WORKERS OF
GRAPEVINE STAFFING LLC
LEON, IOWA
Amended Notice of Revised Determination
On Reconsideration
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 Notice of
Revised Determination on Reconsideration on May 16, 2007. The
notice was published in the Federal Register on May 24, 2007 (72
FR 29183).
At the request of the State agency, the Department reviewed
the Notice of Revised Determination on Reconsideration for
workers of the subject firm. The workers performed sewing
functions and the production of marker patterns.
New information shows that leased workers of Grapevine
Staffing LLC were employed on-site at the Leon, Iowa location of
O’Bryan Brothers, Inc. The Department has determined that these
workers were sufficiently under the control of O’Bryan Brothers,
Inc. to be considered leased workers.
Based on these findings, the Department is amending this
certification to include leased workers of Grapevine Staffing LLC
working on-site at the Leon, Iowa location of the subject firm.
The intent of the Department’s certification is to include
all workers employed at O’Bryan Brothers, Inc., Leon, Iowa who
were adversely-impacted by shifting sewing functions and the
production of marker patterns to Mexico.
The amended notice applicable to TA-W-61,265 is hereby
issued as follows:
"All workers of O’Bryan Brothers, Inc., including on-
site leased workers of Grapevine Staffing LLC, Leon,
Iowa, who became totally or partially separated from
employment on or after April 6, 2006, through May 16,
2009, 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 13th day of June 2008
/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-61,265
O’BRYAN BROTHERS, INC.
LEON, IOWA
Notice of Revised Determination
on Reconsideration
By application of April 27, 2007, petitioners requested
administrative reconsideration regarding the Department’s
Negative Determination Regarding Eligibility to Apply for Worker
Adjustment Assistance, applicable to the workers of the subject
firm.
The initial investigation resulted in a negative
determination issued on April 13, 2007, was based on the finding
that the petitioning workers did not produce an article within
the meaning of Section 222 of the Act. The denial notice was
published in the Federal Register on April 26, 2007 (72 FR
20873).
To support the request for reconsideration, petitioners
supplied additional information regarding production at the
subject facility and a shift in production to Mexico.
Upon further contact with the subject firm’s company
official, it was revealed that the workers also produced marker
patterns in 2006 and January through April of 2007.
During a detailed investigation on reconsideration, it was
revealed that the subject firm shifted sewing functions and
production of marker patterns to Mexico during the relevant
period and that this shift contributed importantly to layoffs at
the subject firm.
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 the industry are adverse.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that there was a shift in production
from the workers’ firm or subdivision to Mexico of articles that
are like or directly competitive with those produced by the subject
firm or subdivision. In accordance with the provisions of the Act,
I make the following certification:
"All workers of O’Bryan Brothers, Inc., Leon, Iowa, who
became totally or partially separated from employment on or
after April 6, 2006 through two years from the date of this
certification, are eligible to apply for adjustment
assistance under Section 223 of the Trade Act of 1974, and
are eligible to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974."
Signed in Washington, D.C. this 16th day of May 2007.
/s/ Elliott S. Kushner
________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-61,265
O’BRYAN BROTHERS, INC.
LEON, IOWA
Negative Determination 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 April 6, 2007, in response
to a petition filed by workers of O’Bryan Brothers, Inc., Leon,
Iowa. Workers perform warehouse distribution, packing, scanning and
shipping duties for apparel.
The investigation revealed that O’Bryan Brothers, Inc., Leon,
Iowa 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
described above 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 the
investigation, I determine that all workers of O’Bryan Brothers,
Inc., Leon, Iowa, 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.
Signed in Washington, D.C., this 13th day of April 2007.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
- 9 -
Employment and Training Administration
TA-W-61,265
O’BRYAN BROTHERS, INC.
INCLUDING ON-SITE LEASED WORKERS OF
GRAPEVINE STAFFING LLC
LEON, IOWA
Amended Notice of Revised Determination
On Reconsideration
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 Notice of
Revised Determination on Reconsideration on May 16, 2007. The
notice was published in the Federal Register on May 24, 2007 (72
FR 29183).
At the request of the State agency, the Department reviewed
the Notice of Revised Determination on Reconsideration for
workers of the subject firm. The workers performed sewing
functions and the production of marker patterns.
New information shows that leased workers of Grapevine
Staffing LLC were employed on-site at the Leon, Iowa location of
O’Bryan Brothers, Inc. The Department has determined that these
workers were sufficiently under the control of O’Bryan Brothers,
Inc. to be considered leased workers.
Based on these findings, the Department is amending this
certification to include leased workers of Grapevine Staffing LLC
working on-site at the Leon, Iowa location of the subject firm.
The intent of the Department’s certification is to include
all workers employed at O’Bryan Brothers, Inc., Leon, Iowa who
were adversely-impacted by shifting sewing functions and the
production of marker patterns to Mexico.
The amended notice applicable to TA-W-61,265 is hereby
issued as follows:
"All workers of O’Bryan Brothers, Inc., including on-
site leased workers of Grapevine Staffing LLC, Leon,
Iowa, who became totally or partially separated from
employment on or after April 6, 2006, through May 16,
2009, 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 13th day of June 2008
/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-61,265
O’BRYAN BROTHERS, INC.
LEON, IOWA
Notice of Revised Determination
on Reconsideration
By application of April 27, 2007, petitioners requested
administrative reconsideration regarding the Department’s
Negative Determination Regarding Eligibility to Apply for Worker
Adjustment Assistance, applicable to the workers of the subject
firm.
The initial investigation resulted in a negative
determination issued on April 13, 2007, was based on the finding
that the petitioning workers did not produce an article within
the meaning of Section 222 of the Act. The denial notice was
published in the Federal Register on April 26, 2007 (72 FR
20873).
To support the request for reconsideration, petitioners
supplied additional information regarding production at the
subject facility and a shift in production to Mexico.
Upon further contact with the subject firm’s company
official, it was revealed that the workers also produced marker
patterns in 2006 and January through April of 2007.
During a detailed investigation on reconsideration, it was
revealed that the subject firm shifted sewing functions and
production of marker patterns to Mexico during the relevant
period and that this shift contributed importantly to layoffs at
the subject firm.
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 the industry are adverse.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that there was a shift in production
from the workers’ firm or subdivision to Mexico of articles that
are like or directly competitive with those produced by the subject
firm or subdivision. In accordance with the provisions of the Act,
I make the following certification:
"All workers of O’Bryan Brothers, Inc., Leon, Iowa, who
became totally or partially separated from employment on or
after April 6, 2006 through two years from the date of this
certification, are eligible to apply for adjustment
assistance under Section 223 of the Trade Act of 1974, and
are eligible to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974."
Signed in Washington, D.C. this 16th day of May 2007.
/s/ Elliott S. Kushner
________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-61,265
O’BRYAN BROTHERS, INC.
LEON, IOWA
Negative Determination 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 April 6, 2007, in response
to a petition filed by workers of O’Bryan Brothers, Inc., Leon,
Iowa. Workers perform warehouse distribution, packing, scanning and
shipping duties for apparel.
The investigation revealed that O’Bryan Brothers, Inc., Leon,
Iowa 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
described above 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 the
investigation, I determine that all workers of O’Bryan Brothers,
Inc., Leon, Iowa, 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.
Signed in Washington, D.C., this 13th day of April 2007.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
- 9 -