Petitioner Type: Company
Impact Date:
Filed Date: 01/21/2005
Most Recent Update: 02/17/2005
Determination Date: 02/17/2005
Expiration Date:
Employment and Training Administration
TA-W-56,380
WATERMARK PADDLESPORTS, INC.
PRODUCT DEVELOPMENT DEPARTMENT and COST ACCOUNTING DEPARTMENT
ARCATA, CALIFORNIA
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 January 21, 2005 in
response to a petition filed by a company official on behalf of
workers of the Product Development and Cost Accounting Departments
of Watermark Paddlesports, Inc., Arcata, California. The workers
performed support services for car racks production that took place
outside of the United States.
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
investigation revealed that although production of an article(s)
occurred within the firm, the services provided by the worker
groups are wholly in support of foreign manufacturing and do not
support domestic production. Thus the worker groups cannot be
considered import impacted or affected by a recent 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 the
Product Development Department and the Cost Accounting Department
of Watermark Paddlesports, Inc., Arcata, California 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 17th day of February 2005
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance