Petitioner Type: Workers
Impact Date:
Filed Date: 09/30/2004
Most Recent Update: 10/15/2004
Determination Date: 10/15/2004
Expiration Date:
Employment and Training Administration
TA-W-55,712
UNIVERSAL RECORD DISTRIBUTING CORP.
PHILADELPHIA, PENNSYLVANIA
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 September 30, 2004 in
response to a petition filed on behalf of workers of Universal
Record Distributing Corp., Philadelphia, Pennsylvania. The workers
distributed recorded music (CDs).
The investigation revealed that Universal Record Distributing
Corp., Philadelphia, Pennsylvania, 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 distribution and warehouse workers 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.
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
Universal Record Distributing Corp., Philadelphia, Pennsylvania,
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 15th day of October 2004
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance