DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-51,341

WASHINGTON GROUP INTERNATIONAL, INC.
NIAGARA ENGINEERING AND DESIGN GROUP
NIAGARA FALLS, NEW YORK

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 26, 2003 and filed by the company on behalf of
workers at Washington Group International, Inc., Niagara
Engineering and Design Group, Niagara Falls, New York. The
workers are engineers.
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.
The petitioners also applied as a supplier, assembler or
finisher of products or components to a trade-affected company.
Since the workers provide a service they can not be considered a
supplier, assembler or finisher of products or components to a
trade-affected company.
Conclusion
After careful review, I determine that all workers of
Washington Group International, Inc., Niagara Engineering and
Design Group, Niagara Falls, New York 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 19th day of June 2003.

/s/ Elliott S. Kushner

____________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance