Petitioner Type: Company
Impact Date:
Filed Date: 03/10/2003
Most Recent Update: 03/21/2003
Determination Date: 03/21/2003
Expiration Date:
Other Worker Groups on This Petition
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-51,100
HMH TRANSPORTATION, INC.
HAZLEHURST, GEORGIA
TA-W-51,100A
HMH TRANSPORTATION, INC.
FOREST PARK, GEORGIA
TA-W-51,100B
HMH TRANSPORTATION, INC.
LOS ANGELES, CALIFORNIA
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 10, 2003, in response
to a petition filed by a company official on behalf of workers of
HMH Transportation, Inc., Hazlehurst, Georgia (TA-W-51,100), HMH
Transportation, Inc., Forest Park, Georgia (TA-W-51,100A) and HMH
Transportation, Inc., Los Angeles, California (TA-W-51,100B). The
workers were engaged in activities related to the transportation of
garments.
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. 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 HMH
Transportation, Inc., Hazlehurst, Georgia (TA-W-51,100), HMH
Transportation, Inc., Forest Park, Georgia (TA-W-51,100A) and HMH
Transportation, Inc., Los Angeles, California (TA-W-51,100B) 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 21st day of March, 2003.
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-51,100
HMH TRANSPORTATION, INC.
HAZLEHURST, GEORGIA
TA-W-51,100A
HMH TRANSPORTATION, INC.
FOREST PARK, GEORGIA
TA-W-51,100B
HMH TRANSPORTATION, INC.
LOS ANGELES, CALIFORNIA
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 10, 2003, in response
to a petition filed by a company official on behalf of workers of
HMH Transportation, Inc., Hazlehurst, Georgia (TA-W-51,100), HMH
Transportation, Inc., Forest Park, Georgia (TA-W-51,100A) and HMH
Transportation, Inc., Los Angeles, California (TA-W-51,100B). The
workers were engaged in activities related to the transportation of
garments.
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. 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 HMH
Transportation, Inc., Hazlehurst, Georgia (TA-W-51,100), HMH
Transportation, Inc., Forest Park, Georgia (TA-W-51,100A) and HMH
Transportation, Inc., Los Angeles, California (TA-W-51,100B) 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 21st day of March, 2003.
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance