Petitioner Type: State
Impact Date:
Filed Date: 07/27/2006
Most Recent Update: 08/08/2006
Determination Date: 08/08/2006
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-59,797
CANTEEN VENDING
WORKING ON-SITE AT
BROYHILL PACEMAKER FURNITURE COMPANY
LENOIR, 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 on July 27, 2006 in
response to a petition filed by a state agency representative on
behalf of workers of Canteen Vending working in a cafeteria on-
site at Broyhill Furniture Industries, Inc., Pacemaker Furniture
Company, Lenoir, North Carolina. The workers at Canteen Vending
provide food and drink for Broyhill Pacemaker Furniture
employees in Lenoir.
Workers of Canteen Vending providing cafeteria services on-
site at Broyhill Pacemaker Furniture, Lenoir, North Carolina are
not engaged in employment related to the production of 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
subject worker group does not support a firm or appropriate
subdivision that produces an article 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 the
investigation, I determine that all workers of Canteen Vending
working on-site at Broyhill Pacemaker Cafeteria, Lenoir, 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 adjust-
ment assistance under Section 246 of the Trade Act of 1974.
Signed in Washington, D.C., this 8th day of August 2006
/s/Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-59,797
CANTEEN VENDING
WORKING ON-SITE AT
BROYHILL PACEMAKER FURNITURE COMPANY
LENOIR, 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 on July 27, 2006 in
response to a petition filed by a state agency representative on
behalf of workers of Canteen Vending working in a cafeteria on-
site at Broyhill Furniture Industries, Inc., Pacemaker Furniture
Company, Lenoir, North Carolina. The workers at Canteen Vending
provide food and drink for Broyhill Pacemaker Furniture
employees in Lenoir.
Workers of Canteen Vending providing cafeteria services on-
site at Broyhill Pacemaker Furniture, Lenoir, North Carolina are
not engaged in employment related to the production of 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
subject worker group does not support a firm or appropriate
subdivision that produces an article 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 the
investigation, I determine that all workers of Canteen Vending
working on-site at Broyhill Pacemaker Cafeteria, Lenoir, 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 adjust-
ment assistance under Section 246 of the Trade Act of 1974.
Signed in Washington, D.C., this 8th day of August 2006
/s/Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance