DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-52,222

O'NEILL AND SONS, INC.
TUMWATER, WASHINGTON

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 on July 3, 2003 in response to
a petition filed by the General Teamsters, Chauffeurs and Helpers
(GTCH) on behalf of workers at O'Neill & Sons, Inc., Tumwater,
Washington. The workers at the subject facility were primarily
engaged in transporting and selling beer byproducts. The subject
facility bought byproducts (grain and yeast) that resulted from
products produced by the Miller Brewing Company, and then
transported and sold the byproducts to dairy farms.
The investigation revealed that the petitioning workers of
this firm 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. Addition-
ally, 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 facility.
Conclusion
After careful review, I determine that all workers of O'Neill
& Sons, Inc., Tumwater, Washington are denied eligibility to apply
for adjustment assistance under Section 223 of the Trade Act of
1974.
Signed in Washington, D. C. this 28th day of July, 2003.

/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance