TAA Decision 92560
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-92,560 APP USA WINDDOWN, LLC (F/K/A AMERICAN APPAREL (USA), LLC) APP WINDDOWN, LLC (F/K/A AMERICAN APPAREL, LLC) APP SHIPPING WINDDOWN, INC. (F/K/A FRESH AIR FREIGHT, INC.) INCLUDING ON-SITE LEASED WORKERS FROM MCDERMOTT & BULL, 24 SEVEN TALENT, MANPOWER GROUP, CORE STAFFING SOLUTIONS, ROBERT HALF/ ACCOUNTEMPS, TURSKI & ASSOCIATES, 8020 CONSULTING, AND KIM PROFESSIONALS SERVICES INC. LOS ANGELES, CALIFORNIA TA-W-92,560A APP USA WINDDOWN, LLC (F/K/A AMERICAN APPAREL (USA), LLC) APP WINDDOWN, LLC (F/K/A AMERICAN APPAREL, LLC) APP SHIPPING WINDDOWN, INC. (F/K/A FRESH AIR FREIGHT, INC.) INCLUDING ON-SITE LEASED WORKERS FROM MCDERMOTT & BULL, 24 SEVEN TALENT, MANPOWER GROUP, CORE STAFFING SOLUTIONS, ROBERT HALF/ ACCOUNTEMPS, TURSKI & ASSOCIATES, 8020 CONSULTING, AND KIM PROFESSIONALS SERVICES INC. GARDEN GROVE, CALIFORNIA TA-W-92,560B APP USA WINDDOWN, LLC (F/K/A AMERICAN APPAREL (USA), LLC) APP WINDDOWN, LLC (F/K/A AMERICAN APPAREL, LLC) APP SHIPPING WINDDOWN, INC. (F/K/A FRESH AIR FREIGHT, INC.) INCLUDING ON-SITE LEASED WORKERS FROM MCDERMOTT & BULL, 24 SEVEN TALENT, MANPOWER GROUP, CORE STAFFING SOLUTIONS, ROBERT HALF/ ACCOUNTEMPS, TURSKI & ASSOCIATES, 8020 CONSULTING, AND KIM PROFESSIONALS SERVICES INC. SOUTH GATE, CALIFORNIA TA-W-92,560C APP USA WINDDOWN, LLC (F/K/A AMERICAN APPAREL (USA), LLC) APP WINDDOWN, LLC (F/K/A AMERICAN APPAREL, LLC) APP SHIPPING WINDDOWN, INC. (F/K/A FRESH AIR FREIGHT, INC.) INCLUDING ON-SITE LEASED WORKERS FROM MCDERMOTT & BULL, 24 SEVEN TALENT, MANPOWER GROUP, CORE STAFFING SOLUTIONS, ROBERT HALF/ ACCOUNTEMPS, TURSKI & ASSOCIATES, 8020 CONSULTING, AND KIM PROFESSIONALS SERVICES INC. LA MIRADA, CALIFORNIA TA-W-92,560D APP USA WINDDOWN, LLC (F/K/A AMERICAN APPAREL (USA), LLC) APP WINDDOWN, LLC (F/K/A AMERICAN APPAREL, LLC) APP SHIPPING WINDDOWN, INC. (F/K/A FRESH AIR FREIGHT, INC.) INCLUDING ON-SITE LEASED WORKERS FROM MCDERMOTT & BULL, 24 SEVEN TALENT, MANPOWER GROUP, CORE STAFFING SOLUTIONS, ROBERT HALF/ ACCOUNTEMPS, TURSKI & ASSOCIATES, 8020 CONSULTING, AND KIM PROFESSIONALS SERVICES INC. HAWTHORNE, CALIFORNIA 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: (1) a significant number or proportion of the workers in such workers' firm have become totally or partially separated, or are threatened to become totally or partially separated; (2)(B)(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 (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; AND (ii) the shift/acquisition must have contributed importantly to the workers' separation or threat of separation. The investigation was initiated in response to a petition filed on January 18, 2017 by a state workforce office on behalf of workers of APP USA Winddown, LLC (f/k/a American Apparel (USA), LLC), APP Winddown, LLC (f/k/a American Apparel, LLC), and APP Shipping Winddown, Inc. (f/k/a Fresh Air Freight, Inc.), Los Angeles, California (TA-W-92,560), APP USA Winddown, LLC (f/k/a American Apparel (USA), LLC), APP Winddown, LLC (f/k/a American Apparel, LLC), and APP Shipping Winddown, Inc. (f/k/a Fresh Air Freight, Inc.), Garden Grove, California (TA-W-92,560A); APP USA Winddown, LLC (f/k/a American Apparel (USA), LLC), APP Winddown, LLC (f/k/a American Apparel, LLC), and APP Shipping Winddown, Inc. (f/k/a Fresh Air Freight, Inc.), South Gate, California (TA- W-92,560B); APP USA Winddown, LLC (f/k/a American Apparel (USA), LLC), APP Winddown, LLC (f/k/a American Apparel, LLC), and APP Shipping Winddown, Inc. (f/k/a Fresh Air Freight, Inc.), La Mirada, California (TA-W-92,560C), and APP USA Winddown, LLC (f/k/a American Apparel (USA), LLC), APP Winddown, LLC (f/k/a American Apparel, LLC), and APP Shipping Winddown, Inc. (f/k/a Fresh Air Freight, Inc.), Hawthorne, California (TA-W-92,560D) (herein known as "American Apparel") are the subject of the investigation. The worker group is inclusive of on-site leased from McDermott & Bull, 24 Seven Talent, Manpower Group, Core Staffing Solutions, Robert Half, Accountemps, Turski & Associates, 8020 Consulting and Kim Professionals Services Inc. The workers the subject of the investigation is engaged in activities related to the production of men & women's apparel and fashion accessories. During the course of the investigation, information was collected from the petitioner and the workers' firm. Section 222(a)(1) has been met because a significant number or proportion of the workers in such workers' firm have become totally or partially separated, or are threatened to become totally or partially separated. Section 222(a)(2)(B) has been met because the workers' firm has partially shifted to a foreign country the production of an article like or directly competitive with the article produced by the workers which contributed importantly to worker group separations at American Apparel. Federal Regulations define firm to include "...individual proprietorship, partnership, joint venture, association, corporation (including a development corporation), business trust, cooperative, trustee in bankruptcy, and receiver under decree of any court. A firm, together with any predecessor or successor-in-interest, or together with any affiliated firm controlled or substantially beneficially owned by substantially the same persons, may be considered a single firm." (29 CFR 90.2) Conclusion After careful review of the facts obtained in the investigation, I determine that workers of APP USA Winddown, LLC (f/k/a American Apparel (USA), LLC), APP Winddown, LLC (f/k/a American Apparel, LLC), and APP Shipping Winddown, Inc. (f/k/a Fresh Air Freight, Inc.), Los Angeles, California (TA-W-92,560), APP USA Winddown, LLC (f/k/a American Apparel (USA), LLC), APP Winddown, LLC (f/k/a American Apparel, LLC), and APP Shipping Winddown, Inc. (f/k/a Fresh Air Freight, Inc.), Garden Grove, California (TA-W-92,560A); APP USA Winddown, LLC (f/k/a American Apparel (USA), LLC), APP Winddown, LLC (f/k/a American Apparel, LLC), and APP Shipping Winddown, Inc. (f/k/a Fresh Air Freight, Inc.), South Gate, California (TA-W-92,560B); APP USA Winddown, LLC (f/k/a American Apparel (USA), LLC), APP Winddown, LLC (f/k/a American Apparel, LLC), and APP Shipping Winddown, Inc. (f/k/a Fresh Air Freight, Inc.), La Mirada, California (TA-W- 92,560C), and APP USA Winddown, LLC (f/k/a American Apparel (USA), LLC), APP Winddown, LLC (f/k/a American Apparel, LLC), and APP Shipping Winddown, Inc. (f/k/a Fresh Air Freight, Inc.), Hawthorne, California (TA-W-92,560D), including on-site leased workers from McDermott & Bull, 24 Seven Talent, Manpower Group, Core Staffing Solutions, Robert Half, Accountemps, Turski & Associates, 8020 Consulting and Kim Professionals Services Inc., who are engaged in activities related to the production of men & women's apparel and fashion accessories 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 APP USA Winddown, LLC (f/k/a American Apparel (USA), LLC), APP Winddown, LLC (f/k/a American Apparel, LLC), and APP Shipping Winddown, Inc. (f/k/a Fresh Air Freight, Inc.), Los Angeles, California (TA-W- 92,560), APP USA Winddown, LLC (f/k/a American Apparel (USA), LLC), APP Winddown, LLC (f/k/a American Apparel, LLC), and APP Shipping Winddown, Inc. (f/k/a Fresh Air Freight, Inc.), Garden Grove, California (TA-W-92,560A); APP USA Winddown, LLC (f/k/a American Apparel (USA), LLC), APP Winddown, LLC (f/k/a American Apparel, LLC), and APP Shipping Winddown, Inc. (f/k/a Fresh Air Freight, Inc.), South Gate, California (TA-W-92,560B); APP USA Winddown, LLC (f/k/a American Apparel (USA), LLC), APP Winddown, LLC (f/k/a American Apparel, LLC), and APP Shipping Winddown, Inc. (f/k/a Fresh Air Freight, Inc.), La Mirada, California (TA-W-92,560C), and APP USA Winddown, LLC (f/k/a American Apparel (USA), LLC), APP Winddown, LLC (f/k/a American Apparel, LLC), and APP Shipping Winddown, Inc. (f/k/a Fresh Air Freight, Inc.), Hawthorne, California (TA-W-92,560D), including on-site leased workers from McDermott & Bull, 24 Seven Talent, Manpower Group, Core Staffing Solutions, Robert Half, Accountemps, Turski & Associates, 8020 Consulting and Kim Professionals Services Inc. who became totally or partially separated from employment on or after January 17, 2016 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 24th day of May 2017. /s/Hope D. Kinglock ______________________________ HOPE D. KINGLOCK Certifying Officer, Office of Trade Adjustment Assistance