DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-58,730

NESTLE WATERS NORTH AMERICA
BREA DIVISION
BREA, CALIFORNIA

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 January 27, 2006 in
response to a petition filed on behalf of workers at Nestle Waters
North America, Brea Division; Brea, California. The workers at the
subject firm provide account and customer services.
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 domestically and there must be a
relationship between the workers' work and the article produced by
the workers' firm or appropriate subdivision. The investigation
revealed that although production of an article(s) occurred within
the firm or appropriate subdivision, the workers at the Brea
facility do not directly support this production. The workers were
involved in account and customer services such as answering and
resolve customer inquiries as well as providing administrative
support for the company's product sales. Thus the worker group can
not be considered import impacted or affected by a shift in
production of an article.
The predominant cause of worker separations is the ongoing
shift of account and customer services to a facility in India.
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, I determine that all workers of Nestle
Waters North America, Brea Division; Brea, California 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 3rd day of February, 2006.

/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance