DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-55,807

WILBUR-ELLIS COMPANY
UMATILLA, OREGON

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 October 15, 2004, in
response to a petition filed by state agency representative on
behalf of workers of Wilbur-Ellis Company, Umatilla, Oregon. The
workers sold, distributed, and applied fertilizer products.
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 domestically and there must be a
relationship between the workers' work and the article produced
by the workers' firm or appropriate subdivision. The
distribution center workers 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.
The investigation revealed that the fertilizer products that
are sold, distributed, and applied by the subject firm are
developed and produced by unaffiliated firms.
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
Wilbur-Ellis Company, Umatilla, Oregon, 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 9th day of November 2004.

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