Denied
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TAW-63281  /  JL Bray Sons (Salida, CA)

Petitioner Type: Union
Impact Date:
Filed Date: 04/30/2008
Most Recent Update: 05/14/2008
Determination Date: 05/14/2008
Expiration Date:

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-63,281

J. L. BRAY & SON INCORPORATED
SALIDA, CALIFORNIA

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 investigation was initiated on April 30, 2008 in
response to a petition filed by the Operative Plasterers and
Cement Masons, Local 300, on behalf of workers of J.L. Bray &
Son Incorporated, Salida, California. The workers at the subject
facility provide general contracting services to clients, in
particular they perform new and renovation projects for
commercial and public works.
J.L. Bray & Son Incorporated, Salida, California, 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 described above do not support a firm or
appropriate subdivision that produces an article domestically
and thus the worker group cannot 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 workers of J.L. Bray
& Son Incorporated, Salida, California, 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 14th day of May 2008

/s/Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance