Petitioner Type: State
Impact Date:
Filed Date: 03/18/2003
Most Recent Update: 04/22/2003
Determination Date: 04/22/2003
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-51,193
JOURNEY BOTTLING COMPANY, LLC
SANTA ROSA, 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 in response to a petition
received on March 18, 2003 and filed by a One Stop
Representative on behalf of workers at Journey Bottling Company,
LLC, Santa Rosa, California. Workers at the subject company
provide mechanical bottling services to company wineries, estate
wineries and custom bottling contract customers.
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
Journey Bottling Company, LLC, Santa Rosa, California covered by
the petition filed on March 6, 2003 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 22nd day of April 2003
/s/Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-51,193
JOURNEY BOTTLING COMPANY, LLC
SANTA ROSA, 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 in response to a petition
received on March 18, 2003 and filed by a One Stop
Representative on behalf of workers at Journey Bottling Company,
LLC, Santa Rosa, California. Workers at the subject company
provide mechanical bottling services to company wineries, estate
wineries and custom bottling contract customers.
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
Journey Bottling Company, LLC, Santa Rosa, California covered by
the petition filed on March 6, 2003 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 22nd day of April 2003
/s/Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance