DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-53,392

THE MONTGOMERY COMPANY
OPELIKA, ALABAMA

Negative Determination Regarding Eligibility
To Apply For Worker Adjustment Assistance
And Alternative Trade Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974, as
amended (19 USC 2273), the Department of Labor herein presents the
results of an investigation regarding certification of eligibility to
apply for worker adjustment assistance.
The investigation was initiated on October 31, 2003 in response
to a petition filed on behalf of workers at The Montgomery Company,
Opelika, Alabama. The workers at the subject facility purchase and
distribute cotton.
The investigation revealed that the petitioning workers of this
firm or subdivision do not produce an article within the meaning of
Section 222 of the Act. The Department of Labor has consistently
determined that the performance of services 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 at the firm or subdivision 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 their 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 this facility.
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 worker group must be certified
eligible to apply for trade adjustment assistance (TAA). Since the
workers are denied eligibility to apply for TAA, the workers cannot
be certified eligible for ATAA.
Conclusion
After careful review, I determine that all workers of The
Montgomery Company, Opelika, Alabama are denied eligibility to apply
for adjustment assistance under Section 223 of the Trade Act of 1974,
and also are denied eligibility to apply for alternative trade
adjustment assistance under Section 246 of the Trade Act of 1974.
Signed in Washington, D.C., this 14th day of November 2003.

/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance