Denied
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TAW-65104  /  Spectrum Industrial Services, Inc. (Minneapolis, MN)

Petitioner Type: State
Impact Date:
Filed Date: 02/04/2009
Most Recent Update: 02/13/2009
Determination Date: 02/13/2009
Expiration Date:

DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-65,104

SPECTRUM INDUSTRIAL SERVICES, INC.
MINNEAPOLIS, MINNESOTA

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 February 4, 2009 in
response to a petition filed by the Minnesota State Workforce
Office on behalf of workers at Spectrum Industrial Services,
Inc., Minneapolis, Minnesota. Workers were engaged in the
cleaning of commercial printer ink owned by large printing
companies. After cleaning, the ink was returned to the printing
companies.
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 domestically,
and there must be a relationship between the workers' work and
the article produced by the workers' firm or appropriate
subdivision. The workers doing ink cleaning at the Minneapolis
facility did not support a firm that produces an article
domestically; 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 Spectrum
Industrial Services, Inc., Minneapolis, Minnesota 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 13th day of February 2009


/s/Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance