Petitioner Type: Workers
Impact Date:
Filed Date: 10/15/2002
Most Recent Update: 12/16/2002
Determination Date: 12/16/2002
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-42,236
CONSOLIDATED FREIGHTWAYS
YORK, PENNSYLVANIA
Negative Determination Regarding Eligibility
To Apply For Worker Adjustment Assistance
In accordance with Section 222 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 Department of Labor herein presents
the results of an investigation regarding certification of eligi-
bility to apply for worker adjustment assistance.
The investigation was initiated in response to a petition
received on October 15, 2002 and filed on behalf of workers at
Consolidated Freightways, York, Pennsylvania. The workers provided
freight transportation services.
The investigation revealed that the workers of Consolidated
Freightways, York, Pennsylvania 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. Therefore, workers of Consolidated
Freightways, York, Pennsylvania 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. In any
case, 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 Consolidated Freightways, York, Pennsylvania.
Conclusion
After careful review, I determine that all workers of
Consolidated Freightways, York, Pennsylvania are denied eligibility
to apply for adjustment assistance under Section 223 of the Trade
Act of 1974.
Signed in Washington, D. C. this 16th day of December, 2002
/s/Elliott S. Kushner
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-42,236
CONSOLIDATED FREIGHTWAYS
YORK, PENNSYLVANIA
Negative Determination Regarding Eligibility
To Apply For Worker Adjustment Assistance
In accordance with Section 222 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 Department of Labor herein presents
the results of an investigation regarding certification of eligi-
bility to apply for worker adjustment assistance.
The investigation was initiated in response to a petition
received on October 15, 2002 and filed on behalf of workers at
Consolidated Freightways, York, Pennsylvania. The workers provided
freight transportation services.
The investigation revealed that the workers of Consolidated
Freightways, York, Pennsylvania 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. Therefore, workers of Consolidated
Freightways, York, Pennsylvania 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. In any
case, 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 Consolidated Freightways, York, Pennsylvania.
Conclusion
After careful review, I determine that all workers of
Consolidated Freightways, York, Pennsylvania are denied eligibility
to apply for adjustment assistance under Section 223 of the Trade
Act of 1974.
Signed in Washington, D. C. this 16th day of December, 2002
/s/Elliott S. Kushner
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance