Petitioner Type: Company
Impact Date:
Filed Date: 12/30/2005
Most Recent Update: 01/13/2006
Determination Date: 01/13/2006
Expiration Date:
Employment and Training Administration
TA-W-58,554
LOGISTICS SERVICES, INC.
OKLAHOMA CITY, OKLAHOMA
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 December 30, 2005 in response to a petition filed by a company official on behalf of workers of Logistics Services, Inc., Oklahoma City, Oklahoma. The workers remove auto parts from bulk shipping containers, place in sequence containers and ship to customer.
The investigation revealed that Logistics Services, Inc., Oklahoma City, Oklahoma, 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 packaging and distribution 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 Logistics Services, Inc., Oklahoma City, Oklahoma, 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 13th day of January, 2006
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance