DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-57,176

ONEIDA HOME STORE
A SUBSIDIARY OF ONEIDA, LTD
LAWRENCEVILLE, GEORGIA

Negative Determinations 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 16, 2005 in response
to a petition filed by a state workforce representative on
behalf of workers of Oneida Home Store, a subsidiary of Oneida,
Ltd., Lawrenceville, Georgia. The workers are engaged in the
retail sales of Oneida, Ltd. Products (e.g.- stainless steel,
silverplated and sterling flatware); they are not separately
identifiable.
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 domestically
and there must be a relationship between the workers' work and
the article produced by the workers' firm or appropriate
subdivision. The investigation revealed that although
production of an article(s) occurred within the parent firm or
appropriate subdivision, the retail sales workers described
above do not support production. 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, I determine that all workers of
Oneida Home Store, a subsidiary of Oneida, Ltd., Lawrenceville,
Georgia 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 adjust-
ment assistance under Section 246 of the Trade Act of 1974.
Signed in Washington, D.C., this 8th day of June 2005.

/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance