Denied
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TAW-59226  /  Werner Co. (Anniston, AL)

Petitioner Type: Company
Impact Date:
Filed Date: 04/17/2006
Most Recent Update: 05/03/2006
Determination Date: 05/03/2006
Expiration Date:

DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-59,226

WERNER COMPANY
ANNISTON, 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 April 17, 2006, in response
to a petition filed by a company official on behalf of workers of
Werner Company, Anniston, Alabama. The workers performed
warehousing and distribution of ladders.
The worker group was previously certified as eligible to apply
for trade adjustment assistance benefits on March 30, 2004 (TA-W-
54,348). That certification expired on March 30, 2006. All
production of ladders at the subject firm ceased in October of
2004.
The investigation revealed that workers of Werner Company,
Anniston, Alabama, do 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 within
the relevant one year period and there must be a relationship
between the workers' work and the article produced by the
workers' firm or appropriate subdivision. This worker group does
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 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 Werner Company,
Anniston, 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 3rd day of May 2006

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