Petitioner Type: Workers
Impact Date:
Filed Date: 10/15/2002
Most Recent Update: 10/21/2002
Determination Date: 10/21/2002
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-42,243
CONSOLIDATED FREIGHT WAYS
CONWAY TRANSPORT
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 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 on behalf of all workers at
Consolidated Freight Ways, Conway Transport, El Paso, Texas. The
workers were engaged in activities related to the transporting of
products.
The investigation revealed that the workers of Consolidated
Freight Ways, Conway Transport, El Paso, Texas, 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. Addi-
tionally, 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.
Conclusion
After careful review, I determine that all workers of
Consolidated Freight Ways, Conway Transport, 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 21st day of October, 2002.
/s/ Elliott Kushner
______________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-42,243
CONSOLIDATED FREIGHT WAYS
CONWAY TRANSPORT
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 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 on behalf of all workers at
Consolidated Freight Ways, Conway Transport, El Paso, Texas. The
workers were engaged in activities related to the transporting of
products.
The investigation revealed that the workers of Consolidated
Freight Ways, Conway Transport, El Paso, Texas, 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. Addi-
tionally, 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.
Conclusion
After careful review, I determine that all workers of
Consolidated Freight Ways, Conway Transport, 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 21st day of October, 2002.
/s/ Elliott Kushner
______________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance