DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-64,314

TOWN OF FOREST CITY
WATER TREATMENT DEPARTMENT
FOREST CITY, NORTH CAROLINA

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 group
eligibility requirements for directly-impacted (primary) workers
under Section 222(a) the Trade Act of 1974, as amended, can be
satisfied in either of two ways:
I. Section (a)(2)(A) all of the following must be satisfied:
A. a significant number or proportion of the workers in
such workers' firm, or an appropriate subdivision of the
firm, have become totally or partially separated, or are
threatened to become totally or partially separated;
B. the sales or production, or both, of such firm or
subdivision have decreased absolutely; and
C. increased imports of articles like or directly
competitive with articles produced by such firm or
subdivision have contributed importantly to such
workers' separation or threat of separation and to the
decline in sales or production of such firm or
subdivision; or

II. Section (a)(2)(B) both of the following must be satisfied:

A. a significant number or proportion of the workers in
such
workers' firm, or an appropriate subdivision of the
firm, have become totally or partially separated, or are
threatened to become totally or partially separated;

B. there has been a shift in production by such workers'
firm or subdivision to a foreign country of articles
like or directly competitive with articles which are
produced by such firm or subdivision; and

C. One of the following must be satisfied:
1. the country to which the workers' firm has shifted
production of the articles is a party to a free
trade agreement with the United States;
2. the country to which the workers' firm has shifted
production of the articles is a beneficiary country
under the Andean Trade Preference Act, African
Growth and Opportunity Act, or the Caribbean Basin
Economic Recovery Act; or
3. there has been or is likely to be an increase in
imports of articles that are like or directly
competitive with articles which are or were produced
by such firm or subdivision.

The investigation was initiated on October 31, 2008 in
response to a petition filed on behalf of workers of Town of
Forest City, Water Treatment Department, Forest City, North
Carolina. The workers at the subject facility produce treated
water.
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) have not been met.
The subject firm did not import treated water, and did not
shift production to a foreign country during the relevant
period.
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 Town of Forest
City, Water Treatment Department, Forest City, North Carolina
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 day of December 2008


______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance



DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-64,314A

TOWN OF FOREST CITY
WASTEWATER TREATMENT DEPARTMENT
FOREST CITY, NORTH CAROLINA

TA-W-64,314B

TOWN OF FOREST CITY
PUBLIC WORKS DEPARTMENT
WATER MAINTENANCE DIVISION
SEWER MAINTENANCE DIVISION
FOREST CITY, NORTH CAROLINA

TA-W-64,314C

TOWN OF FOREST CITY
PARKS AND RECREATION DEPARTMENT
FOREST CITY, NORTH CAROLINA

TA-W-64,314D

TOWN OF FOREST CITY
POLICE DEPARTMENT
FOREST CITY, NORTH CAROLINA

TA-W-64,314E

TOWN OF FOREST CITY
FIRE DEPARTMENT
FOREST CITY, NORTH CAROLINA

TA-W-64,314F

TOWN OF FOREST CITY
PUBLIC WORKS DEPARTMENT
ELECTRIC DISTRIBUTION DIVISION
FOREST CITY, NORTH CAROLINA





TA-W-64,314G

TOWN OF FOREST CITY
ADMINISTRATION DEPARTMENT
BUILDING, ZONING AND PLANNING DEPARTMENT
CODE ENFORCEMENT DEPARTMENT
FINANCE DEPARTMENT
FOREST CITY, NORTH CAROLINA

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 October 31, 2008, in
response to a petition filed by a company official on behalf of
workers of Town of Forest City, Wastewater Treatment Department,
Forest City, North Carolina (TA-W-64,314A); Town of Forest City,
Public Works Department, Water and Maintenance Division and
Sewer Maintenance Division, Forest City, North Carolina (TA-W-
64,314B); Town of Forest City, Parks and Recreation Department,
Forest City, North Carolina (TA-W-64,314C); Town of Forest City,
Police Department, Forest City, North Carolina (TA-W-64,314D);
Town of Forest City, Fire Department, Forest City, North
Carolina (TA-W-64,314E); Town of Forest City, Public Works
Department, Electric Distribution Division, Forest City, North
Carolina (TA-W-64,314F); and Town of Forest City, Administration
Department, Building, Zoning and Planning Department, Code
Enforcement Department, Finance Department, Forest City, North
Carolina (TA-W-64,314G). Workers are responsible for providing
general local government services, including wastewater
treatment and delivery, recreational services, police
protection, fire protection, electric maintenance services,
administrative services, zoning and planning services and
financial services for the Town of Forest City, North Carolina.
The investigation revealed that Town of Forest City,
Wastewater Treatment Department, Forest City, North Carolina
(TA-W-64,314A); Town of Forest City, Public Works Department,
Water and Maintenance Division and Sewer Maintenance Division,
Forest City, North Carolina (TA-W-64,314B); Town of Forest City,
Parks and Recreation Department, Forest City, North Carolina
(TA-W-64,314C); Town of Forest City, Police Department, Forest
City, North Carolina (TA-W-64,314D); Town of Forest City, Fire
Department, Forest City, North Carolina (TA-W-64,314E); Town of
Forest City, Public Works Department, Electric Distribution
Division, Forest City, North Carolina (TA-W-64,314F); and Town
of Forest City, Administration Department, Building, Zoning and
Planning Department, Code Enforcement Department, Finance
Department, Forest City, North Carolina (TA-W-64,314G) do 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 providing general local government services, including
wastewater treatment and delivery, recreational services, police
protection, fire protection, electric maintenance services,
administrative services, zoning and planning services and
financial services 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 Town
of Forest City, Wastewater Treatment Department, Forest City,
North Carolina (TA-W-64,314A); Town of Forest City, Public Works
Department, Water and Maintenance Division and Sewer Maintenance
Division, Forest City, North Carolina (TA-W-64,314B); Town of
Forest City, Parks and Recreation Department, Forest City, North
Carolina (TA-W-64,314C); Town of Forest City, Police Department,
Forest City, North Carolina (TA-W-64,314D); Town of Forest City,
Fire Department, Forest City, North Carolina (TA-W-64,314E);
Town of Forest City, Public Works Department, Electric
Distribution Division, Forest City, North Carolina (TA-W-
64,314F); and Town of Forest City, Administration Department,
Building, Zoning and Planning Department, Code Enforcement
Department, Finance Department, Forest City, North Carolina (TA-
W-64,314G) 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 2nd day of December 2008


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