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TAW-61698  /  Dan River Inc. (New York, NY)

Petitioner Type: Workers
Impact Date: 11/06/2006
Filed Date: 06/15/2007
Most Recent Update: 07/13/2007
Determination Date: 07/13/2007
Expiration Date: 07/13/2009

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-61,698

DAN RIVER, INC.
1325 AVENUE OF THE AMERICAS
NEW YORK, NEW YORK

TA-W-61,698B

INCLUDING EMPLOYEES IN SUPPORT OF DAN RIVER, INC., 1325 AVENUE OF
THE AMERICAS, NEW YORK, NEW YORK OPERATING AT VARIOUS LOCATIONS
IN THE STATE OF NEW JERSEY

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 July 13, 2007,
applicable to workers of Dan River, Inc., 1325 Avenue of The
Americas, New York, New York. The notice was published in the
Federal Register on June 3, 2008 (73 FR 31716). The
certification was amended on May 27, 2008 to include an employee
of the subject firm operating out of Randolph, New Jersey. The
notice was published in the Federal Register on June 3, 2008 (73
FR 31713).
At the request of the State agency, the Department reviewed
the certification for workers of the subject firm.
New information shows that worker separations have occurred
involving employees in support of and under the control of the
New York, New York facility of Dan River, Inc., 1325 Avenue of
The Americas, New York, New York operating out of various
locations in the state of New Jersey.
Based on these findings, the Department is amending this
certification to include employee in support of 1325 Avenue of
The Americas, New York, New York facility operating out of
various locations in state of New Jersey.
The intent of the Department’s certification is to include
all workers of Dan River, Inc., 1325 Avenue of The Americas, New
York, New York who were adversely affected by a shift in
production to Mexico.



The amended notice applicable to TA-W-61,698 is hereby
issued as follows:
"All workers of Dan River, Inc., 1325 Avenue of The
Americas, New York, New York (TA-W-61,698), including
employees in support of Dan River, Inc., 1325 Avenue of
The Americas, New York, New York, operating at various
locations in the state of New Jersey (TA-W-61,698B),
who became totally or partially separated from
employment on or after November 6, 2006, through July
13, 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 11th day of June 2008
/s/ Richard Church
____________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance

4510-FN-P


Corrected Copy July 31, 2007
Employment and Training Administration

TA-W-61,698

DAN RIVER, INC.
1325 AVENUE OF THE AMERICAS
NEW YORK, NEW YORK

Certifications 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), 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) (A)
of Section 222 have been met.
The investigation was initiated on June 15, 2007 in response
to a petition filed on behalf of workers of Dan River, Inc., 1325
Avenue of the Americas, New York, New York. The workers of the
subject firm provided a variety of business services for other
affiliated manufacturing facilities. These services included the
design, marketing, and sale of home textiles.


Workers at Dan River, Inc., 1325 Avenue of the Americas, New
York, New York were certified eligible to apply for Adjustment
Assistance on November 5, 2004 (TA-W-55,754A). That certification
expired November 5, 2006.
This investigation revealed that employment at the New York
facility declined from December 2006 through February 2007.
The decline in employment of administrative and design
personnel at New York facility is directly related to a shift in
production of home textiles by an affiliated plant, Dan River,
Inc., Home Fashions Division, Brookneal, Virginia, to a country
(Mexico) that is a party to a free trade agreement with the United
States. Workers at the Brookneal facility were certified eligible
to apply for Trade Adjustment Assistance on January 9, 2006 (TA-W-
58,521). Workers at the New York facility were in support of that
facility.
In addition, 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 the case of Dan River, Inc.,
1325 Avenue of the Americas, New York, New York that the
requirements of Section 246 have been met.
A significant number of workers at the subject 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 conclude that a shift in production of home
furnishings textiles to a country (Mexico) that is a party to a
free trade agreement with the United States contributed importantly
to the total or partial separation of workers from Dan River, Inc.,
1325 Avenue of the Americas, New York, New York. In accordance
with the provisions of the Act, I make the following certification:
"All workers of Dan River, Inc., 1325 Avenue of the Americas,
New York, New York who became totally or partially separated
from employment on or after November 6, 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 13th day of July 2007.

/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-61,698

DAN RIVER, INC.
1325 AVENUE OF THE AMERICAS
NEW YORK, NEW YORK

TA-W-61,698A

INCLUDING AN EMPLOYEE IN SUPPORT OF DAN RIVER, INC., 1325 AVENUE
OF THE AMERICAS, NEW YORK, NEW YORK OPERATING OUT OF
RANDOLPH, NEW JERSEY

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 July 13, 2007,
applicable to workers of Dan River, Inc., 1325 Avenue of The
Americas, New York, New York. The notice will be published soon
in the Federal Register.
At the request of the State agency, the Department reviewed
the certification for workers of the subject firm.
New information shows that a worker separation (Mr. Jeffrey
Connors) has occurred involving an employee in support of and
under the control of the New York, New York facility of Dan
River, Inc., 1325 Avenue of The Americas, New York, New York
operating out of Randolph, New Jersey.
Based on these findings, the Department is amending this
certification to include an employee in support of 1325 Avenue of
The Americas, New York, New York facility operating out of
Randolph, New Jersey.
The intent of the Department’s certification is to include
all workers of Dan River, Inc., 1325 Avenue of The Americas, New
York, New York who were adversely affected by a shift in
production to Mexico.



The amended notice applicable to TA-W-61,698 is hereby
issued as follows:
"All workers of Dan River, Inc., 1325 Avenue of The
Americas, New York, New York (TA-W-61,698), including
an employee in support of Dan River, Inc., 1325 Avenue
of The Americas, New York, New York operating out of
Randolph, New Jersey(TA-W-61,698A), who became totally
or partially separated from employment on or after
November 6, 2006, through July 13, 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 27th day of May 2008
/s/ Richard Church
____________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance

4510-FN-P






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