Petitioner Type: State
Impact Date:
Filed Date: 05/14/2003
Most Recent Update: 06/17/2003
Determination Date: 06/17/2003
Expiration Date:
Employment and Training Administration
TA-W-51,742
ENTRONIX INTERNATIONAL, INC.
PLYMOUTH, MINNESOTA
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 May 14, 2003 and filed by an authorized state
representative on behalf of workers at Entronix International,
Inc., Plymouth, Minnesota. Workers at the subject facility
repair cellular phones.
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
Entronix International, Inc., Plymouth, Minnesota covered by the
petition filed on May 6, 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 17th day of June 2003
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance