Petitioner Type: Workers
Impact Date:
Filed Date: 07/23/2001
Most Recent Update: 01/18/2002
Determination Date: 01/18/2002
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-39,673
MAGNOLIA INTERNATIONAL CORP.
HARLINGEN, TEXAS
Negative Determination Regarding Eligibility
To Apply for Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974 (19 USC 2273) as amended by the Omnibus Trade and Competitiveness Act of 1988 (P. L. 100-418), the Department of Labor herein presents the results of an investigation regarding certification of eligi-bility to apply for worker adjustment assistance.
In order to make an affirmative determination and issue a certification of eligibility to apply for adjustment assistance, each of the group eligibility requirements of Section 222 of the Act must be met:
(1) that a significant number or proportion of the workers in the workers' firm, or an appropriate subdivision thereof, have become totally or partially separated, or are threatened to become totally or partially separated;
(2) that sales or production, or both, of the firm or sub-division have decreased absolutely; and
(3) that increases of imports of articles like or directly competitive with articles produced by the firm or ap-propriate subdivision have contributed importantly to the separations, or threat thereof, and to the absolute decline in sales or production.
The investigation was initiated on July 23, 2001, in response to a petition filed on behalf of workers at Magnolia International Corp., Harlingen, Texas. The workers produced uniforms for workers.
The investigation revealed that criterion (2) has not been met.
The subject facility did not experience declines in sales or production during the relevant time period, i.e., during the year prior to the date of the petition. All cutting activities ceased in March 2000, more than a year prior to the petition dated May 16, 2001. Some workers did remain on the payroll after March 2000, but they were in fact working not at the subject facility but at another company facility offshore. In accordance with Section 223(b) of the Act, no certification may apply to any worker whose last total or partial separation from the subject firm occurred before one year prior to the date of the petition.
A petition for NAFTA Transitional Adjustment Assistance has been filed on behalf of workers at the subject firm (NAFTA 5023).
Conclusion
After careful review, I determine that all workers of Magnolia International Corp., Harlingen, Texas, are denied eligibility to apply for adjustment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 18th day of January 2002.
/s/ Linda G. Poole
_____________________________
LINDA G. POOLE
Certifying Officer
Division of Trade Adjustment Assistance
Employment and Training Administration
TA-W-39,673
MAGNOLIA INTERNATIONAL CORP.
HARLINGEN, TEXAS
Negative Determination Regarding Eligibility
To Apply for Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974 (19 USC 2273) as amended by the Omnibus Trade and Competitiveness Act of 1988 (P. L. 100-418), the Department of Labor herein presents the results of an investigation regarding certification of eligi-bility to apply for worker adjustment assistance.
In order to make an affirmative determination and issue a certification of eligibility to apply for adjustment assistance, each of the group eligibility requirements of Section 222 of the Act must be met:
(1) that a significant number or proportion of the workers in the workers' firm, or an appropriate subdivision thereof, have become totally or partially separated, or are threatened to become totally or partially separated;
(2) that sales or production, or both, of the firm or sub-division have decreased absolutely; and
(3) that increases of imports of articles like or directly competitive with articles produced by the firm or ap-propriate subdivision have contributed importantly to the separations, or threat thereof, and to the absolute decline in sales or production.
The investigation was initiated on July 23, 2001, in response to a petition filed on behalf of workers at Magnolia International Corp., Harlingen, Texas. The workers produced uniforms for workers.
The investigation revealed that criterion (2) has not been met.
The subject facility did not experience declines in sales or production during the relevant time period, i.e., during the year prior to the date of the petition. All cutting activities ceased in March 2000, more than a year prior to the petition dated May 16, 2001. Some workers did remain on the payroll after March 2000, but they were in fact working not at the subject facility but at another company facility offshore. In accordance with Section 223(b) of the Act, no certification may apply to any worker whose last total or partial separation from the subject firm occurred before one year prior to the date of the petition.
A petition for NAFTA Transitional Adjustment Assistance has been filed on behalf of workers at the subject firm (NAFTA 5023).
Conclusion
After careful review, I determine that all workers of Magnolia International Corp., Harlingen, Texas, are denied eligibility to apply for adjustment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 18th day of January 2002.
/s/ Linda G. Poole
_____________________________
LINDA G. POOLE
Certifying Officer
Division of Trade Adjustment Assistance