Petitioner Type: Union
Impact Date:
Filed Date: 05/20/2004
Most Recent Update: 05/28/2004
Determination Date: 05/28/2004
Expiration Date:
Employment and Training Administration
TA-W-54,949
WAKEMAN OIL COMPANY, INC.
WAKEMAN, OHIO
Negative Determinations 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 May 20, 2004 in response
to a petition filed by a company official on behalf of workers of
Wakeman Oil Company, Inc., Wakeman, Ohio. The subject firm was a
wholesale distributor of lubricants. The workers provided
packaging and delivery services.
The investigation revealed that Wakeman Oil Company, Inc.,
Wakeman, Ohio does 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
workers of Wakeman Oil Company, Inc., Wakeman, Ohio do not
support a firm or appropriate subdivision 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.
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
Wakeman Oil Company, Inc., Wakeman, 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 28th day of May 2004.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance