Denied
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TAW-61062  /  Logistic Services, Inc. (Oklahoma City, OK)

Petitioner Type: State
Impact Date:
Filed Date: 03/05/2007
Most Recent Update: 04/05/2007
Determination Date: 04/05/2007
Expiration Date:

DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-61,062

LOGISTICS SERVICES, INC.
OKLAHOMA CITY, OKLAHOMA

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 March 5, 2007 in
response to a petition filed by the State Rapid Response
Administrator on behalf of workers of Logistics Services, Inc.,
Oklahoma City, Oklahoma. The workers performed packaging and
distribution services by removing auto parts from bulk shipping
containers, repacking them into smaller sequence containers, and
shipping them to customers.
The investigation revealed that Logistics Services, Inc.,
Oklahoma City, Oklahoma, 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 packaging and distribution workers
described above 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.
Furthermore, petitioners allege that job losses were due to
the subject firm losing business as a producer and supplier of
component parts for articles that were the basis for the
certification of a firm that shifted production abroad or was
affected by increased imports. The investigation revealed,
however, that was not the case.
The petitioning workers firm is not a producer of component
parts for articles that were the basis for a certification for
trade adjustment assistance eligibility.
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 Logistics
Services, Inc., Oklahoma City, Oklahoma, 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 5th day of April, 2007


/s/Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance