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TAW-70148  /  W.Y. Shugart and Sons, Inc. (Fort Payne, AL)

Petitioner Type: Company
Impact Date: 05/18/2008
Filed Date: 05/19/2009
Most Recent Update: 07/15/2009
Determination Date: 07/15/2009
Expiration Date: 07/15/2011

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,148

W.Y. SHUGART & SONS, INC.
FORT PAYNE, ALABAMA

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:
I. The first criterion (set forth in Section 222(a)(1) of the
Act, 19 U.S.C. § 2272(a)(1)) requires that a significant
number or proportion of the workers in the workers' firm must
have become totally or partially separated or be threatened
with total or partial separation.

II. The second criterion (set forth in Section 222(a)(2) of the
Act, 19 U.S.C. § 2272(a)(2)) may be satisfied if either:

(i)(I) there has been a shift by the workers' firm to a
foreign country in the production of articles or supply
of services like or directly competitive with those
produced/supplied by the workers' firm; or
(i)(II) there has been an acquisition from a foreign country
by the workers' firm of articles/services that are like
or directly competitive with those produced/supplied by
the workers' firm.

III. The third criterion requires that the shift/acquisition must
have contributed importantly to the workers' separation or
threat of separation. See Section 222(a)(2)(B)(ii) of the
Act, 19 U.S.C. § 2272(a)(2)(B)(ii).

The investigation was initiated in response to a petition
filed on May 19, 2009 by a company official on behalf of workers of
W. Y. Shugart & Sons, Inc., Fort Payne, Alabama. The workers are
engaged in the production of socks.
The investigation revealed that workers of the Fort Payne,
Alabama facility who are engaged in employment related to the
production of socks meet the criteria for certification.
Criterion I has been met because a significant portion of
the workers has been separated.
Criterion II has been satisfied because the workers' firm
has shifted the production of an article like or directly
competitive with socks to a foreign country.
Criterion III has been met because the shift of production
of socks from the Fort Payne facility to Honduras contributed
importantly to worker group separations at that facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of W. Y. Shugart & Sons,
Inc., Fort Payne, Alabama, who are engaged in employment related to
the production of socks 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 W. Y. Shugart & Sons, Inc., Fort Payne,
Alabama, 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 15th day of July, 2009


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