DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-64,823

MARTIN TRANSPORTATION SYSTEMS
HUBER HEIGHTS, OHIO

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 January 7, 2009 in response
to a petition filed on behalf of workers of Martin Transportation
Systems, Huber Heights, Ohio. The workers of the subject firm
provided transportation services to customers. In particular, the
workers drove the trucks, the dispatchers managed the drivers, and
the mechanics maintained the trailers.
Martin Transportation Systems, Huber Heights, Ohio, 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 Martin
Transportation Systems, Huber Heights, 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 in Washington, D.C., this 9th day of January 2009


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