Petitioner Type: State
Impact Date:
Filed Date: 12/21/2004
Most Recent Update: 01/18/2005
Determination Date: 01/18/2005
Expiration Date:
Employment and Training Administration
TA-W-56,231
NEW DHC INC.
INCLUDING ON-SITE LEASED WORKERS OF COMBINED MANAGEMENT INC.
BANGOR, MAINE
Negative Determinations Regarding Eligibility
To Apply for Worker Adjustment Assistance
And Alternative Trade Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), as amended, the Department of Labor herein presents the
results of an investigation regarding certification of eligibility
to apply for worker adjustment assistance as a secondarily affected
worker group.
The investigation was initiated on December 21, 2004, in
response to a petition filed by a state agency representative on
behalf of workers of New DHC Inc., Bangor, Maine. The workers at
the subject firm are vessel operators providing contract services
to Atlantic Salmon of Maine, of out Machiasport, Southwest Harbor,
and Lubec, Maine ports, consisting of salmon feeding and
transportation.
The subject firm also leased some workers from Combined
Management Inc.
The investigation revealed that New DHC Inc., Bangor, Maine,
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
marine services worker group described above does not support a
firm or appropriate subdivision that produces an article
domestically. 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 of the facts obtained in this
investigation, I determine that workers of New DHC Inc., Bangor,
Maine, including on-site leased workers of Combined Management
Inc., do not qualify as adversely affected secondary workers and
are denied eligibility to apply for adjustment assistance under
section 223(b) 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 18th day of January 2005.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance