Petitioner Type: State
Impact Date:
Filed Date: 05/06/2005
Most Recent Update: 06/15/2005
Determination Date: 06/15/2005
Expiration Date:
Employment and Training Administration
TA-W-57,130
BARROW INDUSTRIES, INC.
INCLUDING ON-SITE WORKER EMPLOYED AT CANTON SAMPLES, INC.
NORWOOD, MASSACHUSETTS
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 May 6, 2005, in response to
a petition filed by a one stop representative (Massachusetts) on
behalf of workers of Barrow Industries, Inc., Norwood,
Massachusetts. Most of the workers were engaged in customer service
and administrative support. At least one other worker supervised
production at a firm, Canton Samples, Inc., that has common
ownership with the subject firm.
The investigation revealed that Barrow Industries, Inc.,
Norwood, Massachusetts, 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 customer service and administrative support workers do not
support production at 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 production supervisor can not be considered
import impacted or affected by a shift in production of articles
because sales and/or production of sample books, fabrics, and
squares of the firm with common ownership increased.
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 Barrow Industries,
Inc., including on-site worker employed at Canton Samples, Inc.,
Norwood, Massachusetts 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 15th day of June 2005.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance