Petitioner Type: Workers
Impact Date:
Filed Date: 11/28/2006
Most Recent Update: 12/07/2006
Determination Date: 12/07/2006
Expiration Date:
Employment and Training Administration
TA-W-60,493
PROGRESSIVE LOGISTICS
MAYFIELD, KENTUCKY
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 28, 2006, in
response to a petition filed by workers of Progressive Logistics,
Mayfield, Kentucky. The workers perform duties at a tire warehouse
loading and unloading tires onto delivery trucks.
In investigation revealed that Progressive Logistics,
Mayfield, Kentucky, 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 warehouse workers described above do not support a firm or
appropriate subdivision that produces an article domestically.
Thus, the worker group cannot be considered import impacted or
affected by a shift in production of an article.
The petitioners indicated that the production of tires was
shifted to Mexico. The investigation found that workers of the
subject firm were under contract at a Continental Tire warehouse
which was formerly a tire production facility. The production of
tires in Mayfield, Kentucky ceased in 2004. Furthermore,
Continental Tire had no operational control over the Progressive
Logistics workers at the warehouse.
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 Progressive
Logistics, Mayfield, Kentucky, 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.
Signed in Washington, D.C., this 7th day of December 2006
/s/Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance