Petitioner Type: State
Impact Date: 12/05/2018
Filed Date: 12/06/2019
Most Recent Update: 10/05/2020
Determination Date: 10/05/2020
Expiration Date: 10/05/2022
Employment and Training Administration
TA-W-95,451
ASCENA RETAIL GROUP, INC.
MAHWAH, NEW JERSEY
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;
(2)(B)(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
(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; AND
(ii) the shift/acquisition must have contributed
importantly to the workers' separation or
threat of separation.
The investigation was initiated in response to a petition
filed on December 6, 2019 by a state workforce official on
behalf of workers and former workers of Ascena Retail Group,
Inc., Mahwah, New Jersey (Ascena Retail Group-Mahwah). Workers
of Ascena Retail Group-Mahwah are engaged in activities related
to the supply of services related to retail sales, including
support services such as human resources and information
technology.
During the course of the investigation, information was
collected from the petition and the workers' firm.
Section 222(a)(1) has been met because a significant
number or proportion of the workers in Ascena Retail Group-
Mahwah have become totally or partially separated, or are
threatened to become totally or partially separated.
Section 222(a)(2)(B) has been met because the workers'
firm has acquired from a foreign country the supply of services
like or directly competitive with the services supplied by the
subject workers which contributed importantly to worker group
separations at Ascena Retail Group-Mahwah.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Ascena Retail Group-
Mahwah, who are engaged in activities related to the supply of
services related to retail sales, 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 Ascena Retail Group, Inc., Mahwah, New
Jersey, who became totally or partially separated from
employment on or after December 5, 2018 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 5th day of October 2020.
/s/Del-Min Amy Chen
______________________________
DEL-MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance