Petitioner Type: Company
Impact Date:
Filed Date: 12/04/2002
Most Recent Update: 12/13/2002
Determination Date: 12/13/2002
Expiration Date:
Other Worker Groups on This Petition
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-50,240
ERIE INDUSTRIAL MAINTENANCE
BEREA, OHIO
TA-W-50,240A
ERIE INDUSTRIAL INSULATION
BEREA, OHIO
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 in response to a petition
received on December 4, 2002 and filed by a company official on
behalf of workers at Erie Industrial Maintenance, Berea, Ohio
and Erie Industrial Insulation, Berea, Ohio. Workers at Erie
Industrial Maintenance, Berea, Ohio performed asbestos removal
services. Workers at Erie Industrial Insulation, Berea, Ohio
performed brickwork and masonry services.
The investigation revealed that the petitioning workers of
these firms 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.
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 this firm.
Conclusion
After careful review, I determine that all workers of Erie
Industrial Maintenance, Berea, Ohio and Erie Industrial
Insulation, Berea, Ohio covered by the petition filed on
December 4, 2002 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 13th day of December 2002
/s/Richard Church
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-50,240
ERIE INDUSTRIAL MAINTENANCE
BEREA, OHIO
TA-W-50,240A
ERIE INDUSTRIAL INSULATION
BEREA, OHIO
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 in response to a petition
received on December 4, 2002 and filed by a company official on
behalf of workers at Erie Industrial Maintenance, Berea, Ohio
and Erie Industrial Insulation, Berea, Ohio. Workers at Erie
Industrial Maintenance, Berea, Ohio performed asbestos removal
services. Workers at Erie Industrial Insulation, Berea, Ohio
performed brickwork and masonry services.
The investigation revealed that the petitioning workers of
these firms 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.
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 this firm.
Conclusion
After careful review, I determine that all workers of Erie
Industrial Maintenance, Berea, Ohio and Erie Industrial
Insulation, Berea, Ohio covered by the petition filed on
December 4, 2002 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 13th day of December 2002
/s/Richard Church
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance