Terminated
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TAW-51269 / Hamilton Beach/Proctor-Silex, Inc. (Southern Pines, NC)
Petitioner Type: Company
Impact Date:
Filed Date: 03/21/2003
Most Recent Update: 05/12/2003
Determination Date: 05/12/2003
Expiration Date:
Other Worker Groups on This Petition
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-51,269
HAMILTON BEACH/PROCTOR-SILEX, INC.
A SUBSIDIARY OF NACCO INDUSTRIES, INC.
SOUTHERN PINES, NORTH CAROLINA
Notice of Termination of Investigation
Pursuant to Section 221 of the Trade Act of 1974, as
amended, an 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., Southern Pines, North Carolina.
The petitioner has requested that the petition be withdrawn.
Consequently, further investigation would serve no purpose and
the investigation under this petition has been terminated.
Signed at Washington, D.C. this 12th day of May 2003
/s/ Linda G. Poole
________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-51,269A
HAMILTON BEACH/PROCTOR-SILEX, INC.
A SUBSIDIARY OF NACCO INDUSTRIES, INC.
WASHINGTON, NORTH CAROLINA
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., Washington, North Carolina. The worker at the
subject facility was engaged in customer service support.
The investigation revealed that the petitioning worker of this
firm or subdivision did 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 the worker at this facility.
Conclusion
After careful review, I determine that all workers of Hamilton
Beach/Proctor-Silex, Inc., a Subsidiary of Nacco Industries, Inc.,
Washington, North Carolina, 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 12th day of May, 2003
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-51,269
HAMILTON BEACH/PROCTOR-SILEX, INC.
A SUBSIDIARY OF NACCO INDUSTRIES, INC.
SOUTHERN PINES, NORTH CAROLINA
Notice of Termination of Investigation
Pursuant to Section 221 of the Trade Act of 1974, as
amended, an 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., Southern Pines, North Carolina.
The petitioner has requested that the petition be withdrawn.
Consequently, further investigation would serve no purpose and
the investigation under this petition has been terminated.
Signed at Washington, D.C. this 12th day of May 2003
/s/ Linda G. Poole
________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-51,269A
HAMILTON BEACH/PROCTOR-SILEX, INC.
A SUBSIDIARY OF NACCO INDUSTRIES, INC.
WASHINGTON, NORTH CAROLINA
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., Washington, North Carolina. The worker at the
subject facility was engaged in customer service support.
The investigation revealed that the petitioning worker of this
firm or subdivision did 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 the worker at this facility.
Conclusion
After careful review, I determine that all workers of Hamilton
Beach/Proctor-Silex, Inc., a Subsidiary of Nacco Industries, Inc.,
Washington, North Carolina, 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 12th day of May, 2003
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance