Petitioner Type: Union
Impact Date:
Filed Date: 08/20/2001
Most Recent Update: 01/02/2002
Determination Date: 01/02/2002
Expiration Date:
Employment and Training Administration
TA-W-39,863
LYNN ANN FASHIONS
BROOKLYN, NEW YORK
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 subdivision have decreased absolutely; and
(3) that increases of imports of articles like or directly competitive with articles produced by the firm or appropriate subdivision have contributed importantly to the separations, or threat thereof, and to the absolute decline in sales or production.
The investigation was initiated on August 20, 2001 in response to a petition filed by the New York Apparel and Allied Workers' Joint Board, UNITE!, AFL-CIO, CLC, Local 89-22-1, on behalf of all workers at Lynn Ann Fashions, Brooklyn, New York.
The workers are engaged in employment related to the production of ladies' dresses.
The investigation revealed that criterion (3) has not been met.
The subject company does not import ladies' dresses.
The Department of Labor conducted a survey of the subject company's major customers regarding their purchases of dresses.
The survey revealed no increased customer import purchases of dresses during the relevant time periods.
Conclusion
After careful review, I determine that all workers of Lynn Ann Fashions, Brooklyn, New York, are denied eligibility to apply for adjustment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D.C. this 2nd day of January 2002.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance