Denied
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TAW-62885  /  Wingfoot Commercial Tire Systems, LLC (Fort Smith, AR)

Petitioner Type: Workers
Impact Date:
Filed Date: 02/25/2008
Most Recent Update: 03/11/2008
Determination Date: 03/11/2008
Expiration Date:

DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-62,885

WINGFOOT COMMERCIAL TIRE SYSTEMS, LLC
CORPORATE OFFICE
FORT SMITH, ARKANSAS

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 25, 2008, in
response to a petition filed on behalf of workers of Wingfoot
Commercial Tire Systems, LLC, Fort Smith, Arkansas. The workers
are employed at the administrative headquarters of the company.
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 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 that although production of an article(s)
occurred within the parent company, the administrative workers at
Fort Smith, Arkansas do not support this production. Thus the
worker group can not be considered import impacted or affected by
a shift in production of an article.
Petitioners cite a recent certification for trade adjustment
assistance benefits as a potential basis for certification of
workers at Fort Smith, Arkansas. The extant certification covers
workers producing automotive parts and military tracks at
Goodyear Tire & Rubber in St. Mary's, Ohio.
This investigation has revealed that the petitioning workers
do not support the production at St. Mary's, Ohio, nor do they
support any other currently certified facility.
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 all workers of Wingfoot
Commercial Tire Systems, LLC, Fort Smith, Arkansas 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