Petitioner Type: Union
Impact Date:
Filed Date: 04/28/2004
Most Recent Update: 05/12/2004
Determination Date: 05/12/2004
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-54,794
IMPERIAL HOME DÉCOR
BEACHWOOD, OHIO
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 28, 2004, in response
to a petition filed on behalf of workers of Imperial Home Décor,
Beachwood, Ohio. Workers provided administrative support to a
wallpaper production facility located in Canada.
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 domestically and there must be a
relationship between the workers' work and the article produced
by the workers' firm or appropriate subdivision.
The investigation revealed that production of an article(s)
occurred within the firm or appropriate subdivision. Since the
production occurs outside of the United States, the
administrative staff at Imperial Home Décor, Beachwood, Ohio, 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 assis-
tance (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
Imperial Home Décor, Beachwood, Ohio, 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 12th day of May, 2004.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance