DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-62,507

CHESTER BEDNAR RENTAL REALTY
WASHINGTON, PENNSYLVANIA

Notice of Negative Determination
on Reconsideration

On January 8, 2008, the Department issued an Affirmative
Determination Regarding Application for Reconsideration for the
workers and former workers of the subject firm. The Department’s
Notice of determination was published in the Federal Register on
January 16, 2008 (73 FR 2941).
The initial negative determination regarding eligibility to
apply for Trade Adjustment Assistance (TAA) and Alternative Trade
Adjustment Assistance (ATAA) applicable to workers and former
workers of the subject firm was based on the Department’s
findings that the subject firm did not separate or threaten to
separate from employment a significant number or proportion of
workers as required by Section 222 of the Trade Act of 1974.
The request for reconsideration implied that the subject
firm had separated more than three employees from employment.
During the reconsideration investigation, the Department
requested that the company official provide documentation that
the subject firm had separated or threaten to separate from
employment a significant number or proportion of workers.
Based on the company official’s response, the Department
affirms that the subject firm did not separate or threaten to
separate from employment a significant number or proportion of
workers.
The Department finds that Section 222 of the Trade Act of
1974 was not satisfied and that the group eligibility criteria
for TAA certification were not met.
In order for the Department to issue a certification of
eligibility to apply for Alternative Trade Adjustment Assistance
(ATAA), the subject worker group must be certified eligible to
apply for Trade Adjustment Assistance (TAA). Since the subject
workers are denied eligibility to apply for TAA, the workers
cannot be certified eligible for ATAA.
Conclusion
After careful reconsideration, I affirm the original notice
of negative determination of eligibility to apply for worker
adjustment assistance for workers and former workers of Chester
Bednar Rental Realty, Washington, Pennsylvania.

Signed at Washington, D.C. this 6th day of February 2008


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

4510-FN-P


DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-62,507

CHESTER BEDNAR RENTAL REALTY
WASHINGTON, PENNSYLVANIA

Negative Determinations 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 group eligibility
requirements for directly-impacted (primary) workers under Section
222(a) the Trade Act of 1974, as amended, can be satisfied in
either of two ways:
I. Section (a)(2)(A) all of the following must be satisfied:
A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm,
have become totally or partially separated, or are
threatened to become totally or partially separated;
B. the sales or production, or both, of such firm or
subdivision have decreased absolutely; and
C. increased imports of articles like or directly competitive
with articles produced by such firm or subdivision have
contributed importantly to such workers’ separation or
threat of separation and to the decline in sales or
production of such firm or subdivision; or

II. Section (a)(2)(B) both of the following must be satisfied:

A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the
firm, have become totally or partially separated, or are
threatened to become totally or partially separated;



B. there has been a shift in production by such workers’ firm
or subdivision to a foreign country of articles like or
directly competitive with articles which are produced by
such firm or subdivision; and

C. One of the following must be satisfied:
1. the country to which the workers’ firm has shifted
production of the articles is a party to a free trade
agreement with the United States;
2. the country to which the workers’ firm has shifted
production of the articles is a beneficiary country
under the Andean Trade Preference Act, African Growth
and Opportunity Act, or the Caribbean Basin Economic
Recovery Act; or
3. there has been or is likely to be an increase in
imports of articles that are like or directly
competitive with articles which are or were produced
by such firm or subdivision.

The investigation was initiated on November 29, 2007, in
response to a petition filed by a company official on behalf of
workers of Chester Bednar Rental Realty, Washington, Pennsylvania.
Workers at the subject firm were engaged in buying, renting,
repairing, and selling single family homes.
The investigation revealed that criteria I.A and II.A are not
met.
In order to meet the employment criteria, there must be at
least three full-time workers employed at some point during the
period under investigation, one year prior to the date of the
petition. Workers of the group subject to this investigation did
not meet that threshold of employment.
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 Chester Bednar
Rental Realty, Washington, Pennsylvania, 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 11th day of December 2007

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








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