Petitioner Type: Company
Impact Date:
Filed Date: 09/30/2003
Most Recent Update: 10/23/2003
Determination Date: 10/23/2003
Expiration Date:
Employment and Training Administration
TA-W-53,065
RED DEVIL, INC.
UNION, NEW JERSEY
Negative Determination Regarding Eligibility
To Apply For Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974, as
mended (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 September 30, 2003 in
response to a petition filed by a company official on behalf of
workers of Red Devil, Inc., Union, New Jersey. The workers provide
sales and marketing services for painted hand tools.
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.
The investigation further revealed that no production occurred
during the relevant period. Production at the subject plant ceased
during 2001, more than one year prior to the petition date
(September 30, 2003). To be considered for TAA eligibility, as
workers producing a product, the workers would have to be engaged
in production of an article within one year of the petition date.
Conclusion
After careful review, I determine that all workers of Red
Devil, Inc., Union, New Jersey are denied eligibility to apply for
adjustment assistance under Section 223 of the Trade Act of 1974,
and are also denied eligibility to apply for alternative trade
adjustment assistance under Section 246 of the Trade Act of 1974.
Signed at Washington, D.C. this 23rd day of October 2003.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance