DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-50,432

ANGUS CONSULTING MANAGEMENT INCORPORATED
A WHOLLY-OWNED SUBSIDIARY OF ANGUS CONSULTING MANAGEMENT LTD.
ALPHARETTA, GEORGIA

Notice of Negative Determination
Regarding Application for Reconsideration

By application postmarked March 14, 2003, a petitioner
requested administrative reconsideration of the Department's
negative determination regarding eligibility for workers and
former workers of the subject firm to apply for Trade Adjustment
Assistance (TAA). The denial notice applicable to workers of
Angus Consulting Management, Inc., a wholly-owned subsidiary of
Angus Consulting Management, Ltd., Columbus, Ohio was signed on
January 27, 2003, and published in the Federal Register on
February 24, 2003 (68 FR 8619).
Pursuant to 29 CFR 90.18(c) reconsideration may be granted
under the following circumstances:
(1) If it appears on the basis of facts not previously
considered that the determination complained of
was erroneous;
(2) if it appears that the determination complained of
was based on a mistake in the determination of facts
not previously considered; or
(3) if in the opinion of the Certifying Officer, a mis-
interpretation of facts or of the law justified
reconsideration of the decision.
The TAA petition was filed on behalf of workers at Angus
Consulting Management, Inc., a wholly-owned subsidiary of Angus
Consulting Management, Ltd., Columbus, Ohio engaged in activities
related to facility management services (operating a boiler
plant). The petition was denied because the petitioning workers
did not produce an article within the meaning of Section 222(3)
of the Act.
The petitioners imply that their layoffs were exclusively
attributed to the decision of an unaffiliated firm’s decision to
shift production to Canada and that, consequently, the
petitioning workers should be eligible for trade adjustment
assistance.
The fact that service workers are dependant on the
production of another facility that may be eligible for trade
adjustment assistance does not automatically make the service
workers eligible for TAA. Before service workers can be
considered eligible for TAA, they must be in direct support of an
affiliated TAA certified facility. This is not the case for the
workers at Angus Consulting Management, Inc..
The petitioners allege that they should be considered
eligible for TAA under a certification for workers at Lucent
Technologies, Columbus Works, Columbus, Ohio (TA-W-40,256), as,
prior to their employ at Angus Consulting Management, they worked
at the trade certified firm.
Worker eligibility that is determined by layoffs that
occurred at a firm that precedes the last place of employment is
determined by the state on an individual basis to determine if
the worker(s) meet the various factors under the existing
certification during the relevant period.
Only in very limited instances are service workers certified
for TAA, namely the worker separations must be caused by a
reduced demand for their services from a parent or controlling
firm or subdivision whose workers produce an article and who are
currently under certification for TAA.
Conclusion
After review of the application and investigative findings,
I conclude that there has been no error or misinterpretation of
the law or of the facts which would justify reconsideration of
the Department of Labor's prior decision. Accordingly, the
application is denied.

Signed at Washington, D.C., this 18th day of June, 2003.
/s/ Elliott S. Kushner

___________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance