DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-62,504

ELECTRONIC DATA SYSTEMS
DATA MANAGEMENT TEAM FOR DOW CHEMICAL
MIDLAND, MICHIGAN

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, 2007, in
response to a petition filed on behalf of the Data Management Team
of Electronic Data Systems employed at Dow Chemical Corporate
Headquarters, Midland, Michigan. The workers were customer service
specialists for Dow Chemical accounts.
The investigation revealed that this worker group 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 occurred within the Dow
Chemical Corporation (although not at the corporate headquarters
in Midland), the Electronic Data Systems Data Management Team
engaged in customer service activities did not support this
production. Thus this 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 assis-
tance (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 workers of the Data Management
Team of Electronic Data Systems employed at Dow Chemical Company
Corporate Headquarters, Midland, Michigan 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 22nd day of January 2008


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