Petitioner Type: Workers
Impact Date:
Filed Date: 09/30/2002
Most Recent Update: 10/08/2002
Determination Date: 10/08/2002
Expiration Date:
U.S. DEPARTMENT OF LABOR
EMPLOYMENT AND TRAINING ADMINISTRATION
TA-W-42,195
EDUSA CORPORATION
A SUBSIDIARY OF 3M
EL PASO, TEXAS
INCLUDING TEMPORARY WORKERS OF THE FOLLOWING FIRMS:
MANPOWER, INC.
EL PASO, TEXAS
RANDSTADT
EL PASO, TEXAS
SOUTHWEST STAFFING
EL PASO, TEXAS
Negative Determination Regarding Eligibility
To Apply for Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974
(19 USC 2273) as amended by the Omnibus Trade and Competitiveness
Act of 1988 (P. L. 100-418), the U.S. Department of Labor herein
presents the results of an investigation regarding certification
of eligibility to apply for worker adjustment assistance.
In order to make an affirmative determination and issue a
certification of eligibility to apply for adjustment assistance,
each of the group eligibility requirements of Section 222 of the
Act must be met.
The investigation was initiated on September 30, 2002 in
response to a petition filed on behalf of workers at EDUSA
Corporation, a subsidiary of 3M, El Paso, Texas, including
temporary workers of Manpower, Inc., El Paso, Texas, Randstadt,
El Paso, Texas, and Southwest Staffing, El Paso, Texas.
EDUSA Corporation is a warehouse and distribution facility
and operates as a staff services organization for its parent
firm.
The investigation revealed that the petitioners of EDUSA
Corporation do not produce an article within the meaning of Section
222(3) of the Act. The Department of Labor has consistently
determined that the performance of services does not constitute
production of an article, as required by Section 222 of the Trade
Act of 1974, and this determination has been upheld in the U. S.
Court of Appeals.
Workers of the subject firm may be certified only if their
separation was caused importantly by a reduced demand for their
services from a parent firm, a firm otherwise related to the
subject firm by ownership, or a firm related by control.
Additionally, the reduction in demand for services must originate
at a production facility whose workers independently meet the
statutory criteria for certification and the reduction must
directly relate to the product impacted by imports. These
conditions have not been met for workers at the subject firm.
A NAFTA-TAA petition filed on behalf of workers at EDUSA
Corporation, a subsidiary of 3M, El Paso, Texas resulted in a
denial, NAFTA-6299 (signed August 22, 2002).
Conclusion
After careful review, I determine that all workers of EDUSA
Corporation, a subsidiary of 3M, El Paso, Texas are denied
eligibility to apply for adjustment assistance under Section 223
of the Trade Act of 1974.
Signed in Washington, D. C. this 8th day of October 2002.
/s/Richard Church______
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance
EMPLOYMENT AND TRAINING ADMINISTRATION
TA-W-42,195
EDUSA CORPORATION
A SUBSIDIARY OF 3M
EL PASO, TEXAS
INCLUDING TEMPORARY WORKERS OF THE FOLLOWING FIRMS:
MANPOWER, INC.
EL PASO, TEXAS
RANDSTADT
EL PASO, TEXAS
SOUTHWEST STAFFING
EL PASO, TEXAS
Negative Determination Regarding Eligibility
To Apply for Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974
(19 USC 2273) as amended by the Omnibus Trade and Competitiveness
Act of 1988 (P. L. 100-418), the U.S. Department of Labor herein
presents the results of an investigation regarding certification
of eligibility to apply for worker adjustment assistance.
In order to make an affirmative determination and issue a
certification of eligibility to apply for adjustment assistance,
each of the group eligibility requirements of Section 222 of the
Act must be met.
The investigation was initiated on September 30, 2002 in
response to a petition filed on behalf of workers at EDUSA
Corporation, a subsidiary of 3M, El Paso, Texas, including
temporary workers of Manpower, Inc., El Paso, Texas, Randstadt,
El Paso, Texas, and Southwest Staffing, El Paso, Texas.
EDUSA Corporation is a warehouse and distribution facility
and operates as a staff services organization for its parent
firm.
The investigation revealed that the petitioners of EDUSA
Corporation do not produce an article within the meaning of Section
222(3) of the Act. The Department of Labor has consistently
determined that the performance of services does not constitute
production of an article, as required by Section 222 of the Trade
Act of 1974, and this determination has been upheld in the U. S.
Court of Appeals.
Workers of the subject firm may be certified only if their
separation was caused importantly by a reduced demand for their
services from a parent firm, a firm otherwise related to the
subject firm by ownership, or a firm related by control.
Additionally, the reduction in demand for services must originate
at a production facility whose workers independently meet the
statutory criteria for certification and the reduction must
directly relate to the product impacted by imports. These
conditions have not been met for workers at the subject firm.
A NAFTA-TAA petition filed on behalf of workers at EDUSA
Corporation, a subsidiary of 3M, El Paso, Texas resulted in a
denial, NAFTA-6299 (signed August 22, 2002).
Conclusion
After careful review, I determine that all workers of EDUSA
Corporation, a subsidiary of 3M, El Paso, Texas are denied
eligibility to apply for adjustment assistance under Section 223
of the Trade Act of 1974.
Signed in Washington, D. C. this 8th day of October 2002.
/s/Richard Church______
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance