Petitioner Type: Workers
Impact Date:
Filed Date: 06/10/2002
Most Recent Update: 08/23/2002
Determination Date: 08/23/2002
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-41,637
JONES APPAREL GROUP
RAW MATERIALS DIVISION
RURAL HALL, NORTH CAROLINA
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.
The investigation was initiated on May 13, 2002, in
response to a petition filed on behalf of workers at the Raw
Materials Division of Jones Apparel Group, Rural Hall, North
Carolina. The affected workers are engaged in the distribution
of fabric to sewing contractors.
The investigation revealed that the workers within this
separately identifiable group of the subject firm did not
produce an article within the meaning of Section 223(3) of the
Trade Act of 1974. The Department of Labor has consistently
determined that the performance of services does not constitute
production of an article, as required by the Trade Act of 1974,
and this determination has been upheld in the U. S. Court of
Appeals.
The petitioning workers of the subject facility may be
certified only if their separation was caused importantly by a
reduced demand for their services from a parent firm, a firm
otherwise related to the subject firm by ownership, or a firm
related by control. Additionally, the reduction in demand for
services must originate at a production facility whose workers
independently meet the statutory criteria for certification and
the reduction must directly relate to the product impacted by
imports. These conditions have not been met for workers
distributing fabric at the subject firm.
Conclusion
After careful review, I determine that all workers at Raw
Materials Division of Jones Apparel Group, Rural Hall, North
Carolina, are denied eligibility to apply for adjustment
assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 23rd day of August 2002.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-41,637
JONES APPAREL GROUP
RAW MATERIALS DIVISION
RURAL HALL, NORTH CAROLINA
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.
The investigation was initiated on May 13, 2002, in
response to a petition filed on behalf of workers at the Raw
Materials Division of Jones Apparel Group, Rural Hall, North
Carolina. The affected workers are engaged in the distribution
of fabric to sewing contractors.
The investigation revealed that the workers within this
separately identifiable group of the subject firm did not
produce an article within the meaning of Section 223(3) of the
Trade Act of 1974. The Department of Labor has consistently
determined that the performance of services does not constitute
production of an article, as required by the Trade Act of 1974,
and this determination has been upheld in the U. S. Court of
Appeals.
The petitioning workers of the subject facility may be
certified only if their separation was caused importantly by a
reduced demand for their services from a parent firm, a firm
otherwise related to the subject firm by ownership, or a firm
related by control. Additionally, the reduction in demand for
services must originate at a production facility whose workers
independently meet the statutory criteria for certification and
the reduction must directly relate to the product impacted by
imports. These conditions have not been met for workers
distributing fabric at the subject firm.
Conclusion
After careful review, I determine that all workers at Raw
Materials Division of Jones Apparel Group, Rural Hall, North
Carolina, are denied eligibility to apply for adjustment
assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 23rd day of August 2002.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance