DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-57,956

MODERN VENDING COMPANY
A SUBSIDARY OF MODERN DISTRIBUTORS, INC.
AT FRUIT OF THE LOOM
JAMESTOWN, KENTUCKY

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 September 14, 2005 in
response to a petition filed on behalf of workers of Modern Vending
Company, a subsidiary of Modern Distributors, Inc., employed at
Fruit of the Loom, Jamestown, Kentucky. The workers provided food
services (cooking and cleaning), and vending machine services.
The investigation revealed that the petitioning workers did
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
food service workers 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.
Although the petitioning workers were working at a
production facility whose workers are certified eligible to apply
for trade adjustment assistance, the work performed by the food
service workers described above cannot be considered an activity
in support of the 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 assis-
tance (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 Modern Vending
Company, a subsidiary of Modern Distributors, Inc., at Fruit of the
Loom, Jamestown, Kentucky, are denied eligibility to apply for
adjustment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D.C., this 24th day of October 2005.

/s/ Linda G. Poole

______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance