Petitioner Type: Union
Impact Date:
Filed Date: 05/18/2004
Most Recent Update: 05/21/2004
Determination Date: 05/21/2004
Expiration Date:
Employment and Training Administration
TA-W-54,929
TOKO AMERICA, INC.
A SUBSIDIARY OF TOKO, INC.
HUNTSVILLE, ALABAMA
Negative Determination Regarding Eligibility
To Apply For Worker 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 May 18, 2004 in response to
a petition filed by a state agent representative on behalf of
workers of Toko America, Inc., a subsidiary of Toko, Inc.,
Huntsville, Alabama. The workers performed logistics support,
including administrative and office management functions, unrelated
to any affiliated domestic production facility.
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 the workers providing
logistics support in Huntsville do not support a firm or
appropriate subdivision of the firm that produces an article
domestically and thus the worker group can not be considered
import impacted or affected by a shift in production of an
article.
Conclusion
After careful review, I determine that all workers of Toko
America, Inc., a subsidiary of Toko, Inc., Huntsville, Alabama are
denied eligibility to apply for adjustment assistance under Section
223 of the Trade Act of 1974.
Signed in Washington, D. C., this 21st day of May, 2004.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance