Petitioner Type: Company
Impact Date:
Filed Date: 11/17/2005
Most Recent Update: 12/09/2005
Determination Date: 12/09/2005
Expiration Date:
Employment and Training Administration
TA-W-58,361
SHEET METAL WORKERS UNION LOCAL 483
MORRISON, TENNESSEE
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 November 17, 2005 in
response to a petition filed by the Sheet Metal Workers Union Local
483, Morrison, Tennessee. The workers service and enforce the
contract agreement between Sheet Metal Workers Local 483 and the
Carrier Air Conditioning plant in Morrison, Tennessee.
The investigation revealed that Sheet Metal Workers Union
Local 483, Morrison, Tennessee, 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 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.
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 Sheet Metal Workers
Union Local 483, Morrison, Tennessee 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.
Signed in Washington, D.C., this 9th day of December 2005.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance