DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-56,643

AMERICA ONLINE,INC.
COMMUNITY ACTION TEAM
A SUBSIDIARY OF TIME WARNER, INC.
OKLAHOMA CITY, OKLAHOMA

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 25, 2005, in
response to a petition filed on behalf of workers of America
Online, Inc., Community Action Team, a subsidiary of Time Warner,
Inc., Oklahoma City, Oklahoma. Workers at the subject facility
provide internet technologies and interactive member services.
Workers are also engaged in monitoring compliance of America
Online's Terms of Service agreement.
The investigation revealed that America Online, Inc.,
Community Action Team, a subsidiary of Time Warner, Inc., Oklahoma
City, Oklahoma 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. Even though some
of the customer support work described above went abroad, the
workers do not support a firm or appropriate subdivision that
produces an article domestically. Thus, the worker group cannot 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 the
investigation, I determine that all workers of America Online,
Inc., Community Action Team, a subsidiary of Time Warner, Inc.,
Oklahoma City, Oklahoma 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 6th day of April 2005.

/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance