DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-54,744

KROGER REGIONAL ACCOUNTING SERVICE CENTER
EXPENSE DEPARTMENT
A DIVISION OF KROGER LIMITED PARTNERSHIP 1
NASHVILLE, TENNESSEE

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 April 19, 2004 in response
to a petition filed on behalf of workers of Kroger Regional
Accounting Service Center, Expense Department, a division of Kroger
Limited Partnership 1, Nashville, Tennessee. The workers performed
miscellaneous office services including imaging, photocopying and
keypunch operations.
The investigation revealed that the office workers mentioned
above do not produce an article within the meaning of Section
222(a)(2) of the Act. In order to be considered eligible to apply
for adjustment assistance under Section 223 of the Trade Act of
1974, the worker group seeking certification (or on whose behalf
certification is being sought) must work for a "firm" or
appropriate subdivision that produces an article and there must be
a relationship between the workers' work and the article produced
by the workers' firm or appropriate subdivision. The petitioning
worker group seeking certification does not support a firm or
appropriate subdivision that produces an article and thus the
worker group can not be considered import impacted or affected by a
shift in production of an article.
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 Kroger
Regional Accounting Service Center, Expense Department, a division
of Kroger Limited Partnership 1, Nashville, Tennessee are denied
eligibility to apply for adjustment assistance under Section 223 of
the Trade Act of 1974, and are also denied eligibility to apply for
alternative trade adjustment assistance under Section 246 of the
Trade Act of 1974.
Signed in Washington, D. C. this 4th day of June 2004.

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