DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-55,436

ELEMENT K ONLINE LLC
A DIVISION OF ELEMENT K LLC
ROCHESTER, NEW YORK

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 August 13, 2004 in response
to a petition filed by a State agency representative on behalf of
workers of Element K Online LLC, a division of Element K LLC,
Rochester, New York. The workers are engaged in multi media
production, graphic design, file maintenance, quality assurance,
web development (coding) and defect correction, all related to the
process of taking existing course content and delivering it as an
online training product.
The investigation revealed that Element K Online LLC, a
division of Element K LLC, Rochester, New York 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 online course/web site developers
described above 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.
Conclusion
After careful review, I determine that all workers of Element
K Online LLC, a division of Element K LLC, Rochester, New York are
denied eligibility to apply for adjustment assistance under Section
223 of the Trade Act of 1974.
Signed in Washington, D. C. this 17th day of September 2004


/s/ Linda G. Poole

_______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance