DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-60,198

WESTARK DIVERSIFIED ENTERPRISES
INCLUDING LEASED ON-SITE WORKERS OF TEC STAFFING SERVICES
FORT SMITH, ARKANSAS

Certification Regarding Eligibility
To Apply For Worker Adjustment Assistance and
Negative Determination Regarding Eligibility To Apply For
Alternative Trade Adjustment Assistance


In accordance with Section 223 of the Trade Act of 1974 (19 USC
2273), as amended, the Department of Labor herein presents the
results of an investigation regarding certification of eligibility
to apply for worker adjustment assistance as a secondarily affected
worker group.
In order to make an affirmative determination and issue a
certification of eligibility for secondary workers to apply for
Trade Adjustment Assistance, the group eligibility requirements of
paragraph (b) of Section 222 of the Trade Act, as amended, must be
met. It is determined in this case that the requirements of (b) of
Section 222, as amended, have been met.
The investigation was initiated in response to a petition
received on October 3, 2006, in response to a petition filed by a
state agency on behalf of workers of Westark Diversified
Enterprises, Fort Smith, Arkansas. The workers at the subject
location are engaged in production of air diffusers and bottled
stainless steel cleaners for refrigerators.
Westark Diversified Enterprises, Fort Smith, Arkansas leased
on-site workers from Tec Staffing Services.
The investigation also revealed that employment at the subject
firm declined during the relevant period.
The investigation further revealed that the company produced
air diffusers and bottled stainless steel cleaners, and a loss of
business with a manufacturer (whose workers were certified eligible
to apply for adjustment assistance) contributed importantly to the
workers separation or threat of separation.
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 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.
The group eligibility criteria for the ATAA program

that the Department must consider under Section 246 of the

Trade Act are:

1. Whether a significant number of workers in the
workers' firm are 50 years of age or older.

2. Whether the workers in the workers' firm possess skills
that are not easily transferable.

3. The competitive conditions within the workers' industry
(i.e., conditions within the industry are adverse).

The Department has determined that criterion (1) has not

been met.
The investigation revealed a significant number of workers in
the workers' firm are not 50 years of age or older.
Significant number or proportion of the workers in a firm or
appropriate subdivision means at least three workers in a workforce
of fewer than 50 workers, five percent of the workers in a
workforce of over 50 workers.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Westark Diversified
Enterprises, Fort Smith, Arkansas qualify as adversely affected
secondary workers under Section 222 of the Trade Act of 1974, as
amended. In accordance with the provisions of the Act, I make the
following certification:








"All workers of Westark Diversified Enterprises, Fort Smith,
Arkansas, including on-site leased workers of Tec Staffing
Services, who became totally or partially separated from
employment on or after October 2, 2005, through two years from
the date of certification are eligible to apply for adjustment
assistance under Section 223 of the Trade Act of 1974."
I further determine that all workers of Westark Diversified
Enterprises, Fort Smith, Arkansas are denied eligibility to apply
for alternative trade adjustment assistance under Section 246 of
the Trade Act of 1974.
Signed at Washington, D.C., this 3rd day of November 2006.


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