Petitioner Type: Workers
Impact Date:
Filed Date: 04/24/2003
Most Recent Update: 05/13/2003
Determination Date: 05/13/2003
Expiration Date:
CORRECTED COPY
May 21, 2003
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-51,588
ZACHRY CONSTRUCTION CORPORATION
FORMERLY H. B. ZACHRY COMPANY
NATCHEZ, MISSISSIPPI
Negative Determination Regarding Eligibility to Apply for
Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), as amended, the Department of Labor herein presents the
results of an investigation regarding certification of eligibility
to apply for worker adjustment assistance as an adversely affected
secondary group.
The investigation was initiated on April 24, 2003, in
response to a petition filed by a company official on behalf of
workers of Zachry Construction Corporation, formerly H.B. Zachry
Company, Natchez, Mississippi. The workers were engaged in
maintenance services.
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, a predecessor or successor-in-interest,
or together with any affiliated firm controlled or substantially
beneficially owned by the same firm.
The petitioner alleges that job losses were due to their firm
losing business with a primary firm whose workers were certified
eligible to apply for trade adjustment assistance. In order for
this worker group to qualify as secondarily affected, the workers
must be a supplier of a component of the article produced by the
primary firm, or engage in assembly or finishing of the article
produced by the primary firm. That is not the case for workers
providing maintenance services at the primary firm.
Conclusion
After careful review, I determine workers of Zachry
Construction Corporation, formerly H.B. Zachry Company, Natchez,
Mississippi are denied eligibility to apply for adjustment
assistance under section 223 of the Trade Act of 1974.
Signed at Washington, D.C., this 13th day of May, 2003.
/s/ Linda G. Poole
__
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
May 21, 2003
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-51,588
ZACHRY CONSTRUCTION CORPORATION
FORMERLY H. B. ZACHRY COMPANY
NATCHEZ, MISSISSIPPI
Negative Determination Regarding Eligibility to Apply for
Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), as amended, the Department of Labor herein presents the
results of an investigation regarding certification of eligibility
to apply for worker adjustment assistance as an adversely affected
secondary group.
The investigation was initiated on April 24, 2003, in
response to a petition filed by a company official on behalf of
workers of Zachry Construction Corporation, formerly H.B. Zachry
Company, Natchez, Mississippi. The workers were engaged in
maintenance services.
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, a predecessor or successor-in-interest,
or together with any affiliated firm controlled or substantially
beneficially owned by the same firm.
The petitioner alleges that job losses were due to their firm
losing business with a primary firm whose workers were certified
eligible to apply for trade adjustment assistance. In order for
this worker group to qualify as secondarily affected, the workers
must be a supplier of a component of the article produced by the
primary firm, or engage in assembly or finishing of the article
produced by the primary firm. That is not the case for workers
providing maintenance services at the primary firm.
Conclusion
After careful review, I determine workers of Zachry
Construction Corporation, formerly H.B. Zachry Company, Natchez,
Mississippi are denied eligibility to apply for adjustment
assistance under section 223 of the Trade Act of 1974.
Signed at Washington, D.C., this 13th day of May, 2003.
/s/ Linda G. Poole
__
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance