Denied
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TAW-59340  /  Billings Transportation Group, Inc. (Lexington, NC)

Petitioner Type: Company
Impact Date:
Filed Date: 05/08/2006
Most Recent Update: 06/07/2006
Determination Date: 06/07/2006
Expiration Date:




DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-59,340
BILLINGS TRANSPORTATION GROUP, INC.
LEXINGTON, NORTH CAROLINA

TA-W-59,340A
BILLINGS FREIGHT SYSTEMS, INC.
LEXINGTON, NORTH CAROLINA

TA-W-59,340B
BILLINGS EXPRESS, INC.
ATLANTA, GEORGIA

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 May 8, 2006, in response
to a petition filed by a company official on behalf of workers
of Billings Transportation Group, Inc., Lexington, North
Carolina (TA-W-59,340), Billings Freight Systems, Inc.,
Lexington, North Carolina (TA-W-59,340A) and Billings Express,
Inc., Atlanta, Georgia (TA-W-59,340B). The workers are engaged
in the pick-up and delivery of freight and various
administrative activities.
The investigation also revealed that Billings
Transportation Group, Inc., Lexington, North Carolina (TA-W-
59,340), Billings Freight Systems, Inc., Lexington, North
Carolina (TA-W-59,340A) and Billings Express, Inc., Atlanta,
Georgia (TA-W-59,340B), 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, I determine that all workers of
Billings Transportation Group, Inc., Lexington, North Carolina
(TA-W-59,340), Billings Freight Systems, Inc., Lexington, North
Carolina (TA-W-59,340A) and Billings Express, Inc., Atlanta,
Georgia (TA-W-59,340B) 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 7th day of June, 2006.


/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance