Denied
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TAW-56679  /  Beverly Enterprise, Inc. (Fort Smith, AR)

Petitioner Type: Workers
Impact Date:
Filed Date: 03/03/2005
Most Recent Update: 04/05/2005
Determination Date: 04/05/2005
Expiration Date:

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W 56,679

BEVERLY ENTERPRISES, INC.
INFORMATIONS SERVICES SUPPORT CENTER
FORT SMITH, ARKANSAS

Negative Determination Regarding Eligibility to Apply for
Worker 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 March 3, 2005, in response
to a petition filed on behalf of workers at Beverly Enterprises,
Inc., Information Services Support Center, Fort Smith, Arkansas.
Workers at the subject facility provide computer technical support
services by answering incoming calls and monitoring computer
systems for Beverly Enterprises and its subsidiaries. Beverly
Enterprises operates nursing homes. The technical support services
support Beverly Enterprise's internal computer network.
The investigation revealed that Beverly Enterprises 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 of Beverly Enterprises, Inc.,
Information Services Support Center, Fort Smith, Arkansas 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.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that all workers of at Beverly
Enterprises, Inc., Information Services Support Center, Fort Smith,
Arkansas are denied eligibility to apply for adjustment assistance
under section 223 of the Trade Act of 1974.
Signed in Washington, D. C., this 5th day of April 2005.

/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance