Petitioner Type: Union
Impact Date:
Filed Date: 06/23/2003
Most Recent Update: 07/18/2003
Determination Date: 07/18/2003
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-52,124
NEW ENGLAND JOINT BOARD
UNITE
WILLIMANTIC, CONNECTICUT
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 June 23, 2003 and filed by Needletrades, Industrial
and Textile Employees (UNITE) on behalf of workers at New
England Joint Board, UNITE, Willimantic, Connecticut. The
workers provided administrative and clerical support.
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 petitioner also applied as a supplier, assembler or
finisher of components to a trade affected company. Before the
worker group can be considered a supplier, assembler or finisher
of components, the workers must be engaged in the production of
an article.
Conclusion
After careful review, I determine that all workers of New
England Joint Board, UNITE, Willimantic, Connecticut 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 18th day of July 2003.
/s/ Elliott S. Kushner
____________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-52,124
NEW ENGLAND JOINT BOARD
UNITE
WILLIMANTIC, CONNECTICUT
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 June 23, 2003 and filed by Needletrades, Industrial
and Textile Employees (UNITE) on behalf of workers at New
England Joint Board, UNITE, Willimantic, Connecticut. The
workers provided administrative and clerical support.
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 petitioner also applied as a supplier, assembler or
finisher of components to a trade affected company. Before the
worker group can be considered a supplier, assembler or finisher
of components, the workers must be engaged in the production of
an article.
Conclusion
After careful review, I determine that all workers of New
England Joint Board, UNITE, Willimantic, Connecticut 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 18th day of July 2003.
/s/ Elliott S. Kushner
____________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance