Denied
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TAW-59347  /  Health Fitness Corp. (Atlanta, GA)

Petitioner Type: Workers
Impact Date:
Filed Date: 05/08/2006
Most Recent Update: 06/14/2006
Determination Date: 06/14/2006
Expiration Date:

DEPARTMENT OF LABOR

Employment and Training Administration
TA-W-59,347

HEALTH FITNESS CORPORATION
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 on behalf of Health Fitness
Corporation, Atlanta, Georgia. The workers provide a variety of
fitness and recreation services for their client.
The investigation revealed that Health Fitness Corporation,
Atlanta, Georgia 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 described above perform fitness and
recreation services, and 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
Health Fitness Corporation, Atlanta, Georgia 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 14th day of June, 2006


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