Denied
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TAW-64418  /  Blockbuster, Inc. (Mckinney, TX)

Petitioner Type: State
Impact Date:
Filed Date: 11/13/2008
Most Recent Update: 12/02/2008
Determination Date: 12/02/2008
Expiration Date:

DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-64,418

BLOCKBUSTER, INCORPORATED
INFORMATION TECHNOLOGY
MCKINNEY, TEXAS


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 November 13, 2008 in
response to a petition filed on behalf of a state workforce office
of Blockbuster, Incorporated, Information Technology, McKinney,
Texas. The workers at the subject firm are engaged in activities
related to performing technical support for store point of sale
systems. In particular, the workers were involved in activities
such as application maintenance, development, administration, and
technical trouble shooting of company point of sale systems.
Blockbuster, Incorporated, Information Technology, McKinney,
Texas, 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 of the facts obtained in the
investigation, I determine that all workers of Blockbuster,
Incorporated, Information Technology, McKinney, Texas, 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 2nd day of December 2008



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