Petitioner Type: Union
Impact Date:
Filed Date: 08/26/2002
Most Recent Update: 09/09/2002
Determination Date: 09/09/2002
Expiration Date:
U.S. DEPARTMENT OF LABOR
EMPLOYMENT AND TRAINING ADMINISTRATION
TA-W-42,006
OSHKOSH B'GOSH, INC.
MIAMI TRIM WAREHOUSE
MEDLEY, FLORIDA
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 U.S. 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.
The investigation was initiated on August 19, 2002 in
response to a petition filed by a company official on behalf of
workers at Oshkosh B'Gosh, Inc., Miami Trim Warehouse, Medley,
Florida. Workers at the subject facility store, sort, and
distribute trim.
The investigation revealed that the petitioners of Oshkosh
B'Gosh, Inc., Miami Trim Warehouse, Medley, Florida do not produce
an article within the meaning of Section 222(3) of the Act. The
Department of Labor has consistently determined that the
performance of services does not constitute production of an
article, as required by Section 222 of the Trade Act of 1974, and
this determination has been upheld in the U. S. Court of Appeals.
Workers of the subject firm 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 at the subject firm.
Currently, a NAFTA-TAA petition investigation is pending on
behalf of the workers at the subject company, NAFTA-6485.
Conclusion
After careful review, I determine that all workers of
Oshkosh B'Gosh, Inc., Miami Trim Warehouse, Medley, Florida are
denied eligibility to apply for adjustment assistance under
Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 9th day of September 2002.
/s/ Richard Church
_______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance
EMPLOYMENT AND TRAINING ADMINISTRATION
TA-W-42,006
OSHKOSH B'GOSH, INC.
MIAMI TRIM WAREHOUSE
MEDLEY, FLORIDA
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 U.S. 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.
The investigation was initiated on August 19, 2002 in
response to a petition filed by a company official on behalf of
workers at Oshkosh B'Gosh, Inc., Miami Trim Warehouse, Medley,
Florida. Workers at the subject facility store, sort, and
distribute trim.
The investigation revealed that the petitioners of Oshkosh
B'Gosh, Inc., Miami Trim Warehouse, Medley, Florida do not produce
an article within the meaning of Section 222(3) of the Act. The
Department of Labor has consistently determined that the
performance of services does not constitute production of an
article, as required by Section 222 of the Trade Act of 1974, and
this determination has been upheld in the U. S. Court of Appeals.
Workers of the subject firm 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 at the subject firm.
Currently, a NAFTA-TAA petition investigation is pending on
behalf of the workers at the subject company, NAFTA-6485.
Conclusion
After careful review, I determine that all workers of
Oshkosh B'Gosh, Inc., Miami Trim Warehouse, Medley, Florida are
denied eligibility to apply for adjustment assistance under
Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 9th day of September 2002.
/s/ Richard Church
_______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance