Denied
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TAW-59357  /  Dole Fruit Co. (Gulfport, MS)

Petitioner Type: Company
Impact Date:
Filed Date: 05/09/2006
Most Recent Update: 06/02/2006
Determination Date: 06/02/2006
Expiration Date:


DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-59,357

DOLE FOOD COMPANY
GULFPORT PURCHASING DEPARTMENT
GULFPORT, MISSISSIPPI

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 9, 2006 in response
to a petition filed by a company official on behalf of workers
of Dole Food Company, Gulfport Purchasing Department, Gulfport,
Mississippi. The workers at the subject firm perform buying and
purchasing services, they are not separately identifiable.
The investigation found that Dole Food Company is a fresh
and packaged fruit and vegetable company.
The investigation revealed that Dole Food Company, Gulfport
Purchasing Department, Gulfport, Mississippi, 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
buying and purchasing workers described above 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, of the facts obtained in this
investigation, I determine that all workers of Dole Food
Company, Gulfport Purchasing Department, Gulfport, Mississippi
are denied eligibility to apply for adjustment assistance under
Section 223 of the Trade Act of 1974, and alternative trade
adjustment assistance under Section 246 of the Trade Act of 1974
as amended.
Signed in Washington, D.C., this 2nd day of June, 2006.

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