Petitioner Type: Company
Impact Date:
Filed Date: 11/24/2006
Most Recent Update: 01/12/2007
Determination Date: 01/12/2007
Expiration Date:
Employment and Training Administration
TA-W-60,477
AMERICAN UNIFORM COMPANY
HEADQUARTERS/CLEVELAND
CLEVELAND, TENNESSEE
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 November 24, 2006, in
response to a petition filed by a company official on behalf of
workers of American Uniform Company, Headquarters/Cleveland,
Cleveland, Tennessee. The workers are engaged in administrative
support and warehouse distribution.
The investigation revealed that workers of American Uniform
Company, Headquarters/Cleveland, Cleveland, Tennessee 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
workers performing warehouse distribution and administrative
services 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
American Uniform Company, Headquarters/Cleveland, Cleveland,
Tennessee 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 12th day of January, 2006.
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance