Denied
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TAW-63280  /  Sears Holdings Management Company (Tucker, GA)

Petitioner Type: Company
Impact Date:
Filed Date: 04/30/2008
Most Recent Update: 05/15/2008
Determination Date: 05/15/2008
Expiration Date:

DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-63,280

SEARS HOLDINGS MANAGEMENT COMPANY
TUCKER SUPPORT CENTER
TUCKER, GEORGIA

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 April 30, 2008, in
response to a petition filed on behalf of workers of Sears
Holdings Management Company, Tucker Support Center, Tucker,
Georgia. Workers are engaged in work related to administrative
and payroll duties.
The investigation revealed that Sears Holdings Management
Company, Tucker Support Center, Tucker 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
workers performing administrative and payroll duties 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.
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, I determine that all workers of Sears
Holdings Management Company, Tucker Support Center, Tucker,
Georgia 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 adjust-
ment assistance under Section 246 of the Trade Act of 1974.
Signed in Washington, D.C., this 15th day of May 2008


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