DEPARTMENT OF LABOR

Employment and Training Administration
TA-W-55,867

BLUE RIVER CONSULTING, INC.
DENVER, COLORADO

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 27, 2004, in
response to a petition filed by a company official on behalf of
workers of Blue River Consulting, Inc., Denver, Colorado. The
workers provide computer programming services to commercial
customers on a contract or fee basis. In addition, they customize,
design and develop software, and do coding activities for clients.
The investigation revealed that Blue River Consulting, Inc.,
Denver, Colorado 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 software
programmers of Blue River Consulting, Inc., described above do not
support a firm or appropriate subdivision that produces an article
domestically. Although the workers may visit the firm or
subdivision, they are not employed onsite, 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 Blue
River Consulting, Inc., Denver, Colorado 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 10th day of November, 2004.

/s/ Elliott S. Kushner

_____________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance