Petitioner Type: Union
Impact Date:
Filed Date: 06/23/2004
Most Recent Update: 07/07/2004
Determination Date: 07/07/2004
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-55,126
BUENA VISTA INTERNATIONAL, INC
D/B/A WALT DISNEY TELEVISION INTERNATIONAL
(LATIN AMERICA)
CORAL GABLES, FLORIDA
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 June 23, 2004 in response
to a petition filed on behalf of workers of Buena Vista
International, Inc., d/b/a Walt Disney Television International
(Latin America), Coral Gables, Florida. The workers performed a
variety of support services related to television broadcasting
including program planning, acquisitions and scheduling, technical
support, accounting, and general administrative support.
The investigation revealed that Buena Vista International,
Inc., d/b/a Walt Disney Television International (Latin America),
Coral Gables, Florida, 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 petitioning group of workers does 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 Buena
Vista International, Inc., d/b/a Walt Disney Television
International (Latin America), Coral Gables, Florida 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 7th day of July 2004
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance