DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-60,050

FIVE STAR FOOD SERVICE, INC.
KLOPMAN CAFETERIA
ON-SITE AT BURLINGTON INDUSTRIES
HURT, VIRGINIA

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 September 11, 2006, in
response to a petition filed on behalf of workers of Five Star
Food Service, Inc., Klopman Cafeteria, on-site at Burlington
Industries. The workers were engaged in retail sales of
prepared food and drinks in the cafeteria at Burlington
Industries.
The investigation also revealed that workers of Five Star
Food Service, Inc., Klopman Cafeteria, on-site at Burlington
Industries, Hurt, Virginia do 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 cafeteria workers engaged in
retail sales of prepared food and drinks 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 Five
Star Food Service, Inc., Klopman Cafeteria, on-site at
Burlington Industries, Hurt, Virginia 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 September, 2006.


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