DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-58,939

KMART
RAINBOW CITY, ALABAMA

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 February 1, 2006, in
response to a petition filed by workers on behalf of workers of
Kmart, Rainbow City, Alabama. The workers provide sales and
customer support service; ensuring merchandise replenishment and
basic counter maintenance are completed daily.
The investigation revealed that Kmart, Rainbow City,
Alabama, 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 sales and customer service workers described
above do not support a firm or appropriate subdivision that
produces an article domestically and thus the worker group
cannot 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, I determine that all workers of
Kmart, Rainbow City, Alabama 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 15th day of March, 2006.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance