Petitioner Type: Union
Impact Date:
Filed Date: 08/26/2002
Most Recent Update: 09/25/2002
Determination Date: 09/25/2002
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-42,011
LONDON FOG INSUTRIES
ELDERSBURG, MARYLAND
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.
The investigation was initiated in response to a petition
received on August 26, 2002, and filed by the Union of
Needletrades, Industrial and Textile, UNITE on behalf of all
workers at London Fog Industries, Eldersburg, Maryland. The
workers provide distribution services and do not produce and
article.
The investigation revealed that the workers of London Fog
Industries, Eldersburg, Maryland, 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 ser-
vices 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.
Conclusion
After careful review, I determine that all workers of London
Fog Industries, Eldersburg, Maryland, are denied eligibility to
apply for adjustment assistance under Section 223 of the Trade
Act of 1974.
Signed in Washington, D. C. this 25th day of September, 2002.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-42,011
LONDON FOG INSUTRIES
ELDERSBURG, MARYLAND
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.
The investigation was initiated in response to a petition
received on August 26, 2002, and filed by the Union of
Needletrades, Industrial and Textile, UNITE on behalf of all
workers at London Fog Industries, Eldersburg, Maryland. The
workers provide distribution services and do not produce and
article.
The investigation revealed that the workers of London Fog
Industries, Eldersburg, Maryland, 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 ser-
vices 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.
Conclusion
After careful review, I determine that all workers of London
Fog Industries, Eldersburg, Maryland, are denied eligibility to
apply for adjustment assistance under Section 223 of the Trade
Act of 1974.
Signed in Washington, D. C. this 25th day of September, 2002.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance