Denied
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TAW-60154  /  Lucas Ford Lincoln Mercury (Southold, NY)

Petitioner Type: State
Impact Date:
Filed Date: 09/27/2006
Most Recent Update: 10/04/2006
Determination Date: 10/04/2006
Expiration Date:

DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-60,154

LUCAS FORD LINCOLN MERCURY, INC.
SOUTHOLD, NEW YORK

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 27, 2006, in
response to a petition filed by a state workforce representative on
behalf of workers of Lucas Ford Lincoln Mercury, Inc., Southold,
New York. Workers of the subject firm are engaged in customer
service and sales at a Ford Motor Company motor vehicle dealership.
The investigation revealed that Lucas Ford Lincoln Mercury,
Inc., Southold, New York, 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 investigation revealed that although production
of an article(s) occurred within the firm or appropriate
subdivision at which the subject workers worked, the customer
service and sales workers described above do not support this
production. 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 Lucas Ford Lincoln
Mercury, Inc., Southold, New York, 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 4th day of October, 2006.



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