Petitioner Type: State
Impact Date: 02/14/2010
Filed Date: 02/15/2011
Most Recent Update: 04/07/2011
Determination Date: 04/07/2011
Expiration Date: 04/07/2013
Employment and Training Administration
TA-W-75,303
GILDAN USA, INC.
RETAIL SALES DIVISION
INCLUDING OFF-SITE WORKERS REPORTING
TO CHARLESTON, SOUTH CAROLINA FROM KENTUCKY
CHARLESTON, SOUTH CAROLINA
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974, as
amended ("Act"), 19 U.S.C. § 2273, the Department of Labor
herein presents the results of an investigation regarding
certification of eligibility to apply for worker adjustment
assistance.
The group eligibility requirements for workers of a firm
under Section 222(a) of the Act, 19 U.S.C. § 2272(a), are
satisfied if the following criteria are met:
I. The first criterion (set forth in Section 222(a)(1) of the
Act, 19 U.S.C. § 2272(a)(1)) requires that a significant
number or proportion of the workers in the workers' firm
must have become totally or partially separated or be
threatened with total or partial separation.
II. The second criterion (set forth in Section 222(a)(2) of the
Act, 19 U.S.C. § 2272(a)(2)) may be satisfied if either:
(i)(I) there has been a shift by the workers' firm to a
foreign country in the production of articles or
supply of services like or directly competitive with
those produced/supplied by the workers' firm; OR
(i)(II) there has been an acquisition from a foreign
country by the workers' firm of articles/services that
are like or directly competitive with those
produced/supplied by the workers' firm.
III. The third criterion requires that the shift/acquisition
must have contributed importantly to the workers'
separation or threat of separation. See Section
222(a)(2)(B)(ii) of the Act, 19 U.S.C. §
2272(a)(2)(B)(ii).
The investigation was initiated in response to a petition
filed on February 15, 2011, by a state workforce office on
behalf of workers of Gildan USA, Inc., Retail Sales Division,
Charleston, South Carolina (Gildan Charleston). The workers'
firm is engaged in activities related to the production of
socks, t-shirts, and underwear. The petitioning worker group is
engaged in sales activities related to the production of socks,
t-shirts, and/or underwear.
The investigation revealed that workers of Gildan
Charleston who are engaged in sales activities related to the
production of socks, t-shirts, and/or underwear meet the
criteria for certification.
Criterion I has been met because a significant number or
proportion of the workers in the workers' firm have become
totally or partially separated.
Criterion II has been met because the workers of Gildan
Charleston provided sales services to V.I. Prewett & Son,
Inc., a subsidiary of Gildan Activewear, including on-site
leased workers from Stellar Staffing (formerly known as Briggs
& Briggs) and First Choice Staffing, Fort Payne, Alabama (TA-
W-74,953) whose workers are Trade Adjustment Assistance (TAA)
certified based on a shift in production to a foreign country.
Criterion III has been met because the shift in
production by the firm contributed importantly to worker group
separations at Gildan Charleston.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Gildan USA, Inc.,
Retail Sales Division, Charleston, South Carolina, who are
engaged in activities related to sales services meet the worker
group certification criteria under Section 222(a) of the Act, 19
U.S.C. § 2272(a). In accordance with Section 223 of the Act, 19
U.S.C. § 2273, I make the following certification:
"All workers of Gildan USA, Inc., Retail Sales Division,
Charleston, South Carolina, who became totally or partially
separated from employment on or after February 14, 2010,
through two years from the date of certification, and all
workers in the group threatened with total or partial
separation from employment on the date of certification
through two years from the date of certification, are
eligible to apply for adjustment assistance under Chapter 2
of Title II of the Trade Act of 1974, as amended."
Signed in Washington, D.C., this 7th day of April, 2011
/s/ Hope D. Kinglock
______________________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance