Petitioner Type: Company
Impact Date:
Filed Date: 03/21/2003
Most Recent Update: 04/14/2003
Determination Date: 04/14/2003
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-51,268
HAMILTON BEACH/PROCTOR SILEX, INC.
A SUBSIDIARY OF NACCO INDUSTRIES, INC .
EL PASO DISTRIBUTION CENTER
EL PASO, TEXAS
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 21, 2003, in response
to a petition filed by a company official on behalf of workers at
Hamilton Beach/Proctor Silex, Inc., a Subsidiary of Nacco
Industries, Inc., El Paso Distribution Center, El Paso, Texas. The
workers at the subject facility were engaged in warehousing and
distributing small kitchen appliances produced at the company's
plants in Mexico.
The investigation revealed that the petitioning workers of
this firm 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 facility.
Conclusion
After careful review, I determine that all workers of Hamilton
Beach/Proctor Silex, Inc., a Subsidiary of Nacco Industries, Inc.,
El Paso Distribution Center, El Paso, Texas 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 14th day of April, 2003
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-51,268
HAMILTON BEACH/PROCTOR SILEX, INC.
A SUBSIDIARY OF NACCO INDUSTRIES, INC .
EL PASO DISTRIBUTION CENTER
EL PASO, TEXAS
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 21, 2003, in response
to a petition filed by a company official on behalf of workers at
Hamilton Beach/Proctor Silex, Inc., a Subsidiary of Nacco
Industries, Inc., El Paso Distribution Center, El Paso, Texas. The
workers at the subject facility were engaged in warehousing and
distributing small kitchen appliances produced at the company's
plants in Mexico.
The investigation revealed that the petitioning workers of
this firm 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 facility.
Conclusion
After careful review, I determine that all workers of Hamilton
Beach/Proctor Silex, Inc., a Subsidiary of Nacco Industries, Inc.,
El Paso Distribution Center, El Paso, Texas 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 14th day of April, 2003
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance