Petitioner Type: State
Impact Date:
Filed Date: 08/18/2005
Most Recent Update: 09/07/2005
Determination Date: 09/07/2005
Expiration Date:
Employment and Training Administration
TA-W-57,783
BRICKER'S RESTAURANT
GREENFIELD, 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 August 11, 2005, in
response to a petition filed by the State of Massachusetts on
behalf of workers of Brickler's Restaurant, Greenfield,
Massachusetts. The investigation revealed that the official
name of the subject firm is Bricker's Restaurant, Greenfield,
Massachusetts. The workers prepared and served food for
customers.
The investigation revealed that Bricker's Restaurant,
Greenfield, 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 restaurant 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.
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 Bricker's
Restaurant, Greenfield, 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 as amended.
Signed in Washington, D. C. this 7th day of September 2005
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance