Petitioner Type: Workers
Impact Date:
Filed Date: 03/05/2003
Most Recent Update: 03/26/2003
Determination Date: 03/26/2003
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-51,071
NOVA CHEMICALS, INC.
UNITED STATES OPERATING CENTER
STYRENICS BUSINESS DIVISION
EPS BUSINESS UNIT
MOON TOWNSHIP, PENNSYLVANIA
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 March 5, 2003 in
response to a petition filed on behalf of workers of NOVA
Chemicals, Inc., United States Operating Center, Styrenics
Business Division, EPS Business Unit, Moon Township,
Pennsylvania. The workers perform sales management,
product marketing and customer services support services.
The investigation revealed that the petitioning
workers of this firm or subdivision do not produce an
article within the meaning of Section 222 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
NOVA Chemicals, Inc., United States Operating Center,
Styrenics Business Division, EPS Business Unit, Moon
Township, Pennsylvania 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 26th day of March 2003
/s/Richard Church
_______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-51,071
NOVA CHEMICALS, INC.
UNITED STATES OPERATING CENTER
STYRENICS BUSINESS DIVISION
EPS BUSINESS UNIT
MOON TOWNSHIP, PENNSYLVANIA
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 March 5, 2003 in
response to a petition filed on behalf of workers of NOVA
Chemicals, Inc., United States Operating Center, Styrenics
Business Division, EPS Business Unit, Moon Township,
Pennsylvania. The workers perform sales management,
product marketing and customer services support services.
The investigation revealed that the petitioning
workers of this firm or subdivision do not produce an
article within the meaning of Section 222 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
NOVA Chemicals, Inc., United States Operating Center,
Styrenics Business Division, EPS Business Unit, Moon
Township, Pennsylvania 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 26th day of March 2003
/s/Richard Church
_______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance