DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-56,929

OWENS & BRAY, INC.
KALISPELL, MONTANA

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 April 8, 2005 in response
to a petition filed by a company official on behalf of workers of
Owens and Bray, Inc., Kalispell, Montana. Workers at the subject
facility remove residual waste from a lumber mill by truck
The investigation revealed that Owens and Bray, Inc.,
Kalispell, Montana 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 described above 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.
The subject firm is affiliated by ownership with a firm that
produces lumber. However, workers of Owens & Bray are not related
to that production. Owens & Bray, Inc. is under contract to haul
residual waste from the lumber mill to an unaffiliated firm.
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 Owens
and Bray, Inc., Kalispell, Montana, 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.
Signed in Washington, D.C., this 21st day of April 2005
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance