DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-54,957

UNION CARBIDE CORPORATION
A SUBSIDIARY OF THE DOW CHEMICAL COMPANY
WEST VIRGINIA OPERATIONS
SOUTH CHARLESTON, WEST VIRGINIA

Amended Notice of Revised Determination on Reopening

In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273) the Department of Labor issued a Revised Determination
on Reopening on July 26, 2004, applicable to workers of Union
Carbide Corporation, a subsidiary of The Dow Chemical Company,
West Virginia Operations, South Charleston, West Virginia. The
notice was published in the Federal Register on August 4, 2004
(68 FR 62834).
At the request of the State agency, the Department reviewed
the revised determination for workers of the subject firm. The
workers at the West Virginia Operations, South Charleston, West
Virginia, are engaged in the production of chemicals or
derivatives thereof.
The State agency reports that some workers wages at the
subject firm have been reported to the Unemployment Insurance
(UI) tax account for the parent company, The Dow Chemical
Company. Therefore, to clarify worker group coverage, the
revised determination is being amended to include the workers at
the West Virginia Operations, South Charleston, West Virginia,
whose wages are reported to The Dow Chemical Company UI account.
The intent of the Department’s certification is to include
all workers of Union Carbide Corporation, a subsidiary of The Dow
Chemical Company, West Virginia Operations, South Charleston,
West Virginia, who were adversely affected by increased imports.
The amended notice applicable to TA-W-54,957 is hereby
issued as follows:
"All workers of Union Carbide Corporation, a subsidiary
of The Dow Chemical Company, West Virginia Operations,
including those workers whose unemployment insurance
wages were reported to The Dow Chemical Company, South
Charleston, West Virginia, who became totally or
partially separated from employment on or after
September 9, 2002, through October 17, 2005, are
eligible to apply for adjustment assistance under
Section 223 of the Trade Act of 1974."

Signed at Washington, D.C., this 19th day of October 2004.

/s/ Linda G. Poole
_____________________________
LINDA G. POOLE
Certifying Officer, Division
Of Trade Adjustment Assistance


DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-54,957

UNION CARBIDE CORPORATION
A SUBSIDIARY OF THE DOW CHEMICAL COMPANY
CONTROL GROUP
SOUTH CHARLESTON, WEST VIRGINIA

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 May 21, 2004, in response
to a petition filed on behalf of workers of Union Carbide
Corporation, a subsidiary of Dow Chemical Company, West Virginia
Operations, Control Group, South Charleston, West Virginia. The
workers performed global engineering and support services.
The investigation revealed that Union Carbide Corporation
(UCC), a subsidiary of Dow Chemical Company (DCC), West Virginia
Operations, Control Group, South Charleston, West Virginia, 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. While the
engineering and control group do support domestic production, they
are a global support unit 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 Union
Carbide Corporation (UCC), a subsidiary of Dow Chemical Company
(DCC), West Virginia Operations, Control Group, South Charleston,
West Virginia 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 30th day of June 2004.

/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance