Petitioner Type: State
Impact Date:
Filed Date: 02/01/2005
Most Recent Update: 02/28/2005
Determination Date: 02/28/2005
Expiration Date:
Employment and Training Administration
TA-W-56,457
SWENCO, INC.
D/B/A POSI-PRODUCTS
POPLAR BLUFF, MISSOURI
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 February 1, 2005, in response
to a petition filed by a state representative on behalf of workers of
Swenco, Inc., D/B/A Posi-Products, Poplar Bluff, Missouri. The
workers performed sales, distribution and marketing support functions.
The investigation revealed that Swenco, Inc., D/B/A Posi-
Products, Poplar Bluff, Missouri, 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 workers
at the subject firm 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.
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 Swenco,
Inc., D/B/A Posi-Products, Poplar Bluff, Missouri 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 28th day of February 2005.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance