DEPARTMENT OF LABOR

Employment and Training Administration
TA-W-51,410

GATES MILLS, INC.
JOHNSTOWN, 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 April 3, 2003 and filed by UNITE!, Glove
Cities/Upper Hudson District, Amalgamated Northeast Regional
Joint Board, on behalf of workers at Gates Mills, Inc.,
Johnstown, New York. The subject facility does not produce an
article but is a glove and bag distribution center. Workers at
Gates Mills, Inc. perform packing and distribution services.
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 Gates
Mills, Inc., Johnstown, New York covered by the petition filed
on March 19, 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 29th day of April 2003.

/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance