Petitioner Type: Union
Impact Date:
Filed Date: 02/04/2002
Most Recent Update: 07/22/2002
Determination Date: 07/22/2002
Expiration Date:
Employment and Training Administration
TA-W-40,729
LIZ CLAIBORNE, INC.
MT. POCONO, PENNSYLVANIA
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 eligibility 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 February 4, 2002 in
response to a petition filed by the Union of Needletrades,
Industrial and Textile Employees (UNITE) on behalf of workers at
Liz Claiborne, Inc., Mt. Pocono, Pennsylvania. Workers at the
subject facility performed quality control checks on apparel
produced in foreign facilities.
The investigation revealed that criterion (2) has not been
met.
Sales at the subject firm increased during the relevant
period.
A petition for eligibility to apply for NAFTA-Transitional
Adjustment Assistance has been filed by the Union of
Needletrades, Industrial and Textile Employees (UNITE)on behalf
of workers at the subject firm (NAFTA-5659).
Conclusion
After careful review, I determine that all workers at Liz
Claiborne, Inc., Mt. Pocono, Pennsylvania engaged in employment
related to the inspection of apparel, are denied eligibility to
apply for adjustment assistance under Section 223 of the Trade
Act of 1974.
Signed in Washington, D.C. this 22nd day of July, 2002.
/s/ Curtis K. Kooser
______________________________
CURTIS K. KOOSER
Certifying Officer, Division of
Trade Adjustment Assistance