Denied
« back to search results

TAW-65375  /  WestPoint Home, Inc. (Calhoun Falls, SC)

Petitioner Type: Company
Impact Date:
Filed Date: 02/25/2009
Most Recent Update: 03/05/2009
Determination Date: 03/05/2009
Expiration Date:

DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-65,375

WESTPOINT HOME, INC.
CALHOUN FALLS, SOUTH CAROLINA

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 February 25, 2009 in
response to a petition filed on behalf of workers at WestPoint
Home, Inc., Calhoun Falls, South Carolina. Workers are engaged
in storage, maintenance and other warehousing functions.
The investigation revealed that the WestPoint Home, Inc.,
Calhoun Falls, South Carolina, 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 domestically and there must be a relationship between
the workers' work and the article produced by the workers' firm
or appropriate subdivision. The warehousing workers do not
support a firm or appropriate subdivision that produced an
article domestically within the one year period prior to the
date of the petition and thus the worker group cannot 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 WestPoint Home,
Inc., Calhoun Falls, South Carolina, 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 in Washington, D.C., this 5th day of March 2009

/s/ Richard Church

______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance