Denied
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TAW-64130  /  Sears, Roebuck and Company (Columbus, OH)

Petitioner Type: Workers
Impact Date:
Filed Date: 09/29/2008
Most Recent Update: 01/23/2009
Determination Date: 01/23/2009
Expiration Date:

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-64,130

SEARS, ROEBUCK AND CO. - CALL CENTER
HOME SERVICES DIVISION
COLUMBUS, OHIO

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 September 29, 2008, in
response to a petition filed on behalf of workers of Sears, Roebuck
and Co. - Call Center, Home Services Division, Columbus, Ohio. The
workers were engaged in activities related to the operation of a
call center.
The investigation revealed that Sears, Roebuck and Co. - Call
Center, Home Services Division, Columbus, Ohio, did 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 at the subject firm engaged
activities related to the operation of a call center did 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 of the facts obtained in this
investigation, I determine that all workers of Sears, Roebuck and
Co. - Call Center, Home Services Division, Columbus, Ohio, 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 at Washington, D.C. this 23rd day of January 2009

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