Denied
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TAW-62206  /  Liz Claiborne, Inc. (North Bergen, NJ)

Petitioner Type: Union
Impact Date:
Filed Date: 09/26/2007
Most Recent Update: 01/22/2008
Determination Date: 01/22/2008
Expiration Date:

DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-62,206

LIZ CLAIBORNE, INC.
DISTRIBUTION CENTER
NORTH BERGEN, NEW JERSEY

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 September 26, 2007, in
response to a petition filed by the Metropolitan Distribution and
Trucking Joint Board UNITE Here, Local 99 on behalf of workers of
Liz Claiborne, Inc., North Bergen, New Jersey. Workers at the
subject firm perform duties such as warehouse distribution,
packing, sorting, shipping and receiving functions.
The investigation revealed that Liz Claiborne, Inc., North
Bergen, New Jersey does not produce an article within the meaning
of Section 222(a)(2)(A)(I.A.) and (a)(2)(B)(II.A.) 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 Liz Claiborne, Inc.,
North Bergen, New Jersey 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 22nd day of January 2008

/s/Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance