Petitioner Type: Workers
Impact Date:
Filed Date: 11/29/2004
Most Recent Update: 12/20/2004
Determination Date: 12/20/2004
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-56,096
GASQUE PLUMBING COMPANY, INC.
MYRTLE BEACH, SOUTH CAROLINA
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 November 29, 2004, in
response to a petition filed on behalf of workers of Gasque
Plumbing Company, Inc., Myrtle Beach, South Carolina. The
workers engaged in the installation of plumbing in commercial
buildings.
The investigation revealed that Gasque Plumbing Company,
Inc., Myrtle Beach, South Carolina neither produces an article
nor performs activities related to production of an article at
an affiliated facility 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 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 worker group seeking certification
does not support a firm or appropriate subdivision that produces
an article 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
Gasque Plumbing Company, Inc., Myrtle Beach, South Carolina 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 20th day of December 2004.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance