Denied
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TAW-63936  /  Emerson Power Transmission (Maysville, KY)

Petitioner Type: Company
Impact Date:
Filed Date: 08/27/2008
Most Recent Update: 09/05/2008
Determination Date: 09/05/2008
Expiration Date:

DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-63,936

EMERSON POWER TRANSMISSION
FRONTLINE CUSTOMER SERVICE DIVISION
MAYSVILLE, KENTUCKY

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 August 27, 2008 in response
to a petition filed by a company official on behalf of the workers
of Emerson Power Transmission, Frontline Customer Service Division,
Maysville, Kentucky. The workers provided telephone customer
service by providing customers information regarding orders,
pricing, and delivery.
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 firm or appropriate subdivision, the customer service center
workers described above do not support this production. 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 of the facts obtained in the
investigation, I determine that all workers of Emerson Power
Transmission, Frontline Customer Service Division, Maysville,
Kentucky 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.
Signed in Washington, D.C., this 5th day of September 2008


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