Denied
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TAW-64995  /  Alleghany Warehouse Company (Richmond, VA)

Petitioner Type: Company
Impact Date:
Filed Date: 01/26/2009
Most Recent Update: 02/05/2009
Determination Date: 02/05/2009
Expiration Date:

DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-64,995
ALLEGHANY WAREHOUSE, CO.
RICHMOND, VIRGINIA

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 26, 2009, in
response to a petition filed by a company official on behalf of
workers of Alleghany Warehouse, Co., Richmond, Virginia. The
workers performed warehouse services such as shipping, receiving,
and staging of tobacco and tobacco related products.
The investigation revealed that Alleghany Warehouse, Co.,
Richmond, Virginia, 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 warehouse workers 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 Alleghany Warehouse,
Co., Richmond, Virginia, 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 5th day of February 2009

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