Denied
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TAW-58086  /  Total Distribution, Inc. (Nitro, WV)

Petitioner Type: Workers
Impact Date:
Filed Date: 10/07/2005
Most Recent Update: 10/27/2005
Determination Date: 10/27/2005
Expiration Date:



DEPARTMENT OF LABOR

Employment and Training Administration
TA-W-58,086

TOTAL DISTRIBUTION, INC.
NITRO CORPORATION SUBDIVISION
NITRO, WEST VIRGINIA

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 October 7, 2005, in
response to a petition filed on behalf of workers of Total
Distribution, Inc., Nitro Corporation Subdivision, Nitro, West
Virginia. The workers performed general warehousing activities
only; they provided contract services to an unaffiliated company.
The investigation revealed that Total Distribution, Inc.,
Nitro Corporation Subdivision, Nitro, West Virginia, 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 warehouse 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.
Petitioners allege that that job losses were due to the
subject firm losing business as a supplier to a TAA certified
company. The investigation revealed, however, that was not the
case; the customer was not certified as eligible for trade
adjustment assistance. And furthermore, the services provided by
petitioners could not be considered component parts for articles
that might have been the basis for a certification.
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 Total Distribution,
Inc., Nitro Corporation Subdivision, Nitro, West Virginia 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 27th day of October, 2005.


/s/ Richard Church

__
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance