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TAW-70081  /  Scotty's Fashions of Lehighton (Lehighton, PA)

Petitioner Type: Union
Impact Date: 05/18/2008
Filed Date: 05/19/2009
Most Recent Update: 09/17/2009
Determination Date: 09/17/2009
Expiration Date: 09/17/2011


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,081

SCOTTY'S FASHIONS OF LEHIGHTON, INC.
INCLUDING ON-SITE LEASED WORKERS FROM JOB CONNECTIONS, INC.
LEHIGHTON, PENNSYLVANIA

TA-W-70,081A

SCOTTY'S FASHIONS CUTTING, INC.
636 PEN ARGYL STREET
INCLUDING ON-SITE LEASED WORKERS FROM JOB CONNECTIONS, INC.
PEN ARGYL, PENNSYLVANIA


Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974, as
amended ("Act"), 19 U.S.C. § 2273, the Department of Labor
herein presents the results of an investigation regarding
certification of eligibility to apply for worker adjustment
assistance.
The group eligibility requirements for workers of a Firm
under Section 222(a) of the Act, 19 U.S.C. § 2272(a), are
satisfied if the following criteria are met:
(1) a significant number or proportion of the workers in such
workers' firm have become totally or partially separated, or
are threatened to become totally or partially separated; and

(2)(A)(i) the sales or production, or both, of such firm have
decreased absolutely; and

(ii)(I) imports of articles or services like or directly
competitive with articles produced or services supplied by
such firm have increased; and

(iii) the increase in imports described in clause (ii)
contributed importantly to such workers' separation or
threat of separation and to the decline in the sales or
production of such firm.

The investigation was initiated in response to a petition
filed on May 19, 2009 by the Service Employees International
Union and the Pennsylvania Joint Board on behalf of workers of
Scotty's Fashions of Lehighton, Inc., Lehighton, Pennsylvania
(70,081) (Scotty's Fashions of Lehighton, Inc.) and Scotty's
Fashions Cutting, Inc., 636 Pen Argyl Street, Pen Argyl,
Pennsylvania (70,081A) (Scotty's Fashions Cutting, Inc.). The
workers of Scotty's Fashions of Lehighton, Inc. and Scotty's
Fashions Cutting, Inc. are engaged in activities related to
the production of women's sportswear and uniforms such as
women's tops and women's skirts. Specifically, the workers of
Scotty's Fashions Cutting, Inc. cut and sew fabric for
Scotty's Fashions of Lehighton, Inc. The worker groups include
on-site leased workers from Job Connections, Inc.
The investigation revealed that workers of Scotty's
Fashions of Lehighton, Inc. and Scotty's Fashions Cutting,
Inc. who were engaged in activities related to women's
sportswear and uniforms such as women's tops and women's
skirts, meet the criteria for certification.
Section 222(a)(1) has been met because a significant
number or proportion of the workers at Scotty's Fashions of
Lehighton, Inc. and Scotty's Fashions Cutting, Inc. have been
separated during the relevant period.
Section 222(a)(2)(A)(i) has been met because the sales
and/or production of women's sportswear and uniforms such as
women's tops and women's skirts by Scotty's Fashions of
Lehighton, Inc. and Scotty's Fashions Cutting, Inc. have
decreased during the relevant period.
Section 222(a)(2)(A)(ii) has been met because imports of
articles like or directly competitive with women's sportswear
and uniforms such as women's tops and women's skirts by
Scotty's Fashions of Lehighton, Inc. and Scotty's Fashions
Cutting, Inc. have increased. Specifically, the ratio of
aggregate United States imports to United States manufacturers'
shipments increased during the relevant period.
Finally, Section 222(a)(2)(A)(iii) has been met because
imports of women's and girl's tops (blouses, shirts, and
sweaters) and women's and girl's skirts like or directly
competitive with articles produced by Scotty's Fashions of
Lehighton, Inc. and Scotty's Fashions Cutting, Inc.
contributed importantly to the worker group separations and
sales/production declines at Scotty's Fashions of Lehighton,
Inc. and Scotty's Fashions Cutting, Inc.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Scotty's Fashions of
Lehighton, Inc., including on-site leased workers from Job
Connections, Inc., Lehighton, Pennsylvania (70,081) and
Scotty's Fashions Cutting, Inc., 636 Pen Argyl Street,
including on-site leased workers from Job Connections, Inc.,
Pen Argyl, Pennsylvania (70,081A), who were engaged in
employment related to women's sportswear and uniforms such as
women's tops and women's skirts meet the worker group
certification criteria under Section 222(a) of the Act, 19
U.S.C. § 2272(a). In accordance with Section 223 of the Act, 19
U.S.C. § 2273, I make the following certification:











"All workers of Scotty's Fashions of Lehighton, Inc.,
including on-site leased workers from Job Connections,
Inc., Lehighton, Pennsylvania (70,081) and Scotty's
Fashions Cutting, Inc., 636 Pen Argyl Street, including
on-site leased workers from Job Connections, Inc., Pen
Argyl, Pennsylvania (70,081A), who became totally or
partially separated from employment on or after May 18,
2008, through two years from the date of certification, and
all workers in the group threatened with total or partial
separation from employment on the date of certification
through two years from the date of certification, are
eligible to apply for adjustment assistance under Chapter 2
of Title II of the Trade Act of 1974, as amended."
Signed in Washington, D.C., this 17th day of September, 2009

/s/ Elliott S. Kushner

______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance