TAA Decision 58753
Note: Determinations for this case number, this case number with an alphabetic suffix, and any appeals or amendments appear below.
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-58,753
INVISTA S.A.R.L
A WHOLLY OWNED, INDEPENDENTLY MANAGED SUBSIDIARY OF
KOCH INDUSTRIES INC.
APPAREL-SPANDEX DIVISION
INCLUDING ONSITE LEASED WORKERS OF MUNDY INC.
WAYNESBORO, VIRGINIA
Certification Regarding Eligibility to Apply for
Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), as amended, the Department of Labor herein presents
the results of an investigation regarding certification of
eligibility to apply for worker adjustment assistance as a
secondarily affected worker group.
The investigation was initiated on January 31, 2006 in
response to a petition filed on behalf of workers at Koch
Industries - Invista, Waynesboro, Virginia. The investigation
revealed that the official title of the subject firm is INVISTA,
S.a`.R.L., a wholly owned, independently managed subsidiary of
Koch Industries Inc., Apparel-Spandex Division. The workers of
the subject firm produce elastomeric yarn; they are separately
identifiable by function.
The investigation revealed that the subject firm employed
onsite leased workers of Mundy Inc.
The investigation further revealed that the subject firm is
a supplier of component parts to a fabric manufacturer that
employed workers who received a certification of eligibility to
apply for trade adjustment assistance and the loss of business
with this firm contributed importantly to worker separations at
the subject firm.
In addition, in accordance with Section 246 the Trade Act
of 1974 (26 USC 2813), as amended, the Department of Labor
herein presents the results of its investigation regarding
certification of eligibility to apply for alternative trade
adjustment assistance (ATAA) for older workers.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the group eligibility
requirements of Section 246 of the Trade Act must be met. The
Department has determined in this case that the requirements of
Section 246 have been met.
A significant number of workers at the firm are age 50 or
over and do not possess skills that are easily
transferable. Competitive conditions within the industry are
adverse.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of INVISTA, S.a`.R.L., a
wholly owned, independently managed subsidiary of Koch
Industries Inc., Apparel-Spandex Division, Waynesboro, Virginia
qualify as adversely affected secondary workers under Section
222 of the Trade Act of 1974, as amended. In accordance with the
provisions of the Act, I make the following certification:
"All workers of INVISTA, S.a`.R.L., a wholly owned,
independently managed subsidiary of Koch Industries Inc.,
Apparel-Spandex Division, Waynesboro, Virginia, including
leased workers of Mundy Inc. working onsite at INVISTA,
S.a`.R.L., a wholly owned, independently managed subsidiary
of Koch Industries Inc., Apparel-Spandex Division,
Waynesboro, Virginia, who became totally or partially
separated from employment on or after January 27, 2005,
through two years from the date of certification are
eligible to apply for adjustment assistance under Section
223 of the Trade Act of 1974, and are also eligible to
apply for alternative trade adjustment assistance under
Section 246 of the Trade Act of 1974"
Signed at Washington, D.C., this 3rd day of March, 2006.
/s/ Linda G. Poole
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LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance