Cohen v. U.S. Secretary of Labor

Opinion

Aquilino, Judge:

The plaintiff seeks judicial review of defendant’s April 24, 1989 negative determination regarding eligibility to apply for worker adjustment assistance on the part of former employee(s) of North American Underwear, Inc. U.S. Department of Labor Employment and Training Administration file TA-W-22,640. The defendant has interposed a motion to dismiss this action for failure to state a claim upon which relief can be granted.

The Trade Act of 1974, as amended, provides that a

*763petition for a certification of eligibility to apply for adjustment assistance * * * may be filed…