Petitioner Type: Union
Impact Date:
Filed Date: 11/19/2002
Most Recent Update: 01/22/2003
Determination Date: 01/22/2003
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-50,121
VMV ENTERPRISES, INC.
PADUCAH, KENTUCKY
Negative Determination Regarding Eligibility
To Apply For Worker 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 November 19, 2002, in
response to a petition filed by the International Association of
Machinists and Aerospace Workers on behalf of workers of VMV
Enterprises, Inc., Paducah, Kentucky. The workers were engaged in
the remanufacture (i.e., repair, rebuild, and overhaul) of railroad
locomotives.
The investigation revealed that the petitioning workers of
this firm or subdivision do not produce an article within the
meaning of Section 222(c)(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 at the firm or subdivision 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
their firm by ownership, or a firm related by control. Addition-
ally, 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 this firm.
Conclusion
After careful review, I determine that all workers of VMV
Enterprises, Inc., Paducah, Kentucky are denied eligibility to
apply for adjustment assistance under Section 223 of the Trade Act
of 1974, as amended.
Signed at Washington, D.C., this 22nd day of January, 2003.
/s/Richard Church_____________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-50,121
VMV ENTERPRISES, INC.
PADUCAH, KENTUCKY
Negative Determination Regarding Eligibility
To Apply For Worker 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 November 19, 2002, in
response to a petition filed by the International Association of
Machinists and Aerospace Workers on behalf of workers of VMV
Enterprises, Inc., Paducah, Kentucky. The workers were engaged in
the remanufacture (i.e., repair, rebuild, and overhaul) of railroad
locomotives.
The investigation revealed that the petitioning workers of
this firm or subdivision do not produce an article within the
meaning of Section 222(c)(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 at the firm or subdivision 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
their firm by ownership, or a firm related by control. Addition-
ally, 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 this firm.
Conclusion
After careful review, I determine that all workers of VMV
Enterprises, Inc., Paducah, Kentucky are denied eligibility to
apply for adjustment assistance under Section 223 of the Trade Act
of 1974, as amended.
Signed at Washington, D.C., this 22nd day of January, 2003.
/s/Richard Church_____________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance