Petitioner Type: State
Impact Date:
Filed Date: 11/27/2002
Most Recent Update: 12/23/2002
Determination Date: 12/23/2002
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-50,211
TRIGON ENGINEERING COMPANY
LITTLE ROCK, ARKANSAS
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 27, 2002, in
response to a petition filed by a State representative on behalf of
workers of at Trigon Engineering Company, Little Rock, Arkansas.
The subject firm bought, re-sold, and serviced industrial
equipment.
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 Trigon
Engineering Company, Little Rock, Arkansas, are denied eligibility
to apply for adjustment assistance under Section 223 of the Trade
Act of 1974, as amended.
Signed in Washington, D. C. this 23rd day of December 2002
/s/Elliott S. Kushner
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-50,211
TRIGON ENGINEERING COMPANY
LITTLE ROCK, ARKANSAS
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 27, 2002, in
response to a petition filed by a State representative on behalf of
workers of at Trigon Engineering Company, Little Rock, Arkansas.
The subject firm bought, re-sold, and serviced industrial
equipment.
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 Trigon
Engineering Company, Little Rock, Arkansas, are denied eligibility
to apply for adjustment assistance under Section 223 of the Trade
Act of 1974, as amended.
Signed in Washington, D. C. this 23rd day of December 2002
/s/Elliott S. Kushner
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance