Petitioner Type: Company
Impact Date: 05/21/2010
Filed Date: 04/29/2010
Most Recent Update: 06/25/2010
Determination Date: 06/25/2010
Expiration Date: 06/25/2012
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-74,023
WESTPOINT HOME, INC.
CLEMSON CENTRE
CLEMSON, SOUTH CAROLINA
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 April 29, 2010 by a company official on behalf of
workers of WestPoint Home, Inc., Clemson Centre, Clemson, South
Carolina (Clemson Centre). The workers are engaged in employed
related to the supply of information technology, finance,
global operations, logistics, planning, purchasing, and
customer services. Workers at the subject firm are not
separately identifiable by service supplied.
Workers of the subject firm were previously certified
eligible to apply for Trade Adjustment Assistance (TA-W-63,099;
expired May 20, 2010).
The investigation revealed that workers of the Clemson
Centre meet the criteria for certification.
Criterion I has been met because a significant proportion
or number of workers at the Clemson Centre has been totally or
partially separated, or threatened with such separation,
during the relevant period.
Criterion II has been met because WestPoint Home, Inc.
has shifted to foreign countries the supply of services like
or directly competitive with those supplied by the Clemson
Centre.
Criterion III has been met because the shift of the
supply of services to China, Pakistan, India and Bahrain
contributed importantly to worker group separations at the
Clemson Centre.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of WestPoint Home, Inc.,
Clemson Centre, Clemson, South Carolina, who are engaged in
employment related to the supply of information technology,
finance, global operations, logistics, planning, purchasing,
and customer services, 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 WestPoint Home, Inc., Clemson Centre,
Clemson, South Carolina, who became totally or partially
separated from employment on or after May 21, 2010, through
two years from the date of certification, and all workers
in the group threatened with total or partial separation
from employment on 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 25th day of June, 2010
/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-74,023
WESTPOINT HOME, INC.
CLEMSON CENTRE
CLEMSON, SOUTH CAROLINA
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 April 29, 2010 by a company official on behalf of
workers of WestPoint Home, Inc., Clemson Centre, Clemson, South
Carolina (Clemson Centre). The workers are engaged in employed
related to the supply of information technology, finance,
global operations, logistics, planning, purchasing, and
customer services. Workers at the subject firm are not
separately identifiable by service supplied.
Workers of the subject firm were previously certified
eligible to apply for Trade Adjustment Assistance (TA-W-63,099;
expired May 20, 2010).
The investigation revealed that workers of the Clemson
Centre meet the criteria for certification.
Criterion I has been met because a significant proportion
or number of workers at the Clemson Centre has been totally or
partially separated, or threatened with such separation,
during the relevant period.
Criterion II has been met because WestPoint Home, Inc.
has shifted to foreign countries the supply of services like
or directly competitive with those supplied by the Clemson
Centre.
Criterion III has been met because the shift of the
supply of services to China, Pakistan, India and Bahrain
contributed importantly to worker group separations at the
Clemson Centre.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of WestPoint Home, Inc.,
Clemson Centre, Clemson, South Carolina, who are engaged in
employment related to the supply of information technology,
finance, global operations, logistics, planning, purchasing,
and customer services, 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 WestPoint Home, Inc., Clemson Centre,
Clemson, South Carolina, who became totally or partially
separated from employment on or after May 21, 2010, through
two years from the date of certification, and all workers
in the group threatened with total or partial separation
from employment on 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 25th day of June, 2010
/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Division of
Trade Adjustment Assistance