Findings of the Investigation

DEPARTMENT OF LABOR

Employment and Training Administration
TA-W-59,736

RSM COMPANY, INCORPORATED
CHARLOTTE, NORTH CAROLINA

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 in response to a petition
received on July 18, 2006 and filed on behalf of workers at RSM
Company, Incorporated, Charlotte, North Carolina. The workers
were engaged in functions related to buying, selling,
warehousing, packing, sorting, shipping and supervision for
different types of textile products.
The investigation revealed that RSM Company, Incorporated,
Charlotte, North Carolina 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 petitioning workers of RSM Company,
Incorporated, Charlotte, North Carolina 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 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, I determine that all workers of RSM
Company, Incorporated, Charlotte, North Carolina 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 10th day of August 2006.

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