Denied
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TAW-62827  /  Peak Medical, Inc. (Hillsborough, NC)

Petitioner Type: Workers
Impact Date:
Filed Date: 02/11/2008
Most Recent Update: 03/11/2008
Determination Date: 03/11/2008
Expiration Date:

DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-62,827

PEAK MEDICAL, INC.
HILLSBOROUGH, NORTH CAROLINA

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 February 11, 2008 in
response to a petition filed on behalf of workers at Peak
Medical, Inc., Hillsborough, North Carolina. Workers were
engaged in customer service, order processing and distribution
related to the sale of various medical and health products.
In order to be considered eligible to apply for adjustment
assistance under Section 223 of the Trade Act of 1974, the
worker group currently seeking certification (or on whose behalf
certification is being sought) must work for a "firm" or
appropriate subdivision that produces an article domestically
and there must be a relationship between the workers' work and
the article produced by the workers' firm or appropriate
subdivision. The investigation revealed the workers at the
subject facility do not produce an article; nor do they support
production of any kind.
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 Peak Medical,
Inc., Hillsborough, North Carolina, 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 March 2008


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