DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-63,665

UNIVERSITY AT BUFFALO FOUNDATION INCORPORATED
MILLARD FILLMORE COLLEGE
BUFFALO, NEW YORK

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 July 7, 2008 in response
to a petition filed on behalf of workers of University at
Buffalo Foundation Incorporated, Millard Fillmore College,
Buffalo, New York. The workers at the subject facility are
teachers providing on-site skills training for workers at a
Trade certified facility.
University at Buffalo Foundation Incorporated, Millard
Fillmore College, Buffalo, New York, 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
University at Buffalo Foundation Incorporated, Millard Fillmore
College, Buffalo, New York, 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 28th day of July 2008.


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