DEPARTMENT OF LABOR
Employment and Training Administration

TA-W-42,283

FACILITY PRO
COLUMBUS, OHIO

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 eligibility
to apply for worker adjustment assistance.
The investigation was initiated in response to a petition
received on October 28, 2002, and filed on behalf of workers and
former workers at Facility Pro, Columbus, Ohio. The workers are
engaged in activities related to material planning/analyzing,
quality auditing, and providing technical assistance with QMX
documents at Lucent Technologies, Columbus, Ohio, a facility under
an existing TAA certification (TA-W-40,256).
The investigation revealed that the workers of Facility Pro,
Columbus, Ohio do not produce an article within the meaning of
Section 222(3) of the Trade Act of 1974. 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 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.
Conclusion
After careful review, I determine that all workers of Facility
Pro, Columbus, Ohio, are denied eligibility to apply for adjustment
assistance under Section 223 of the Trade Act of 1974.

Signed in Washington, D. C. this 18th day of December 2002.


/s/Elliot S. Kushner
ELLIOTT S. KUSHNER
Certifying Officer
Division of Trade Adjustment
Assistance