Petitioner Type: Workers
Impact Date:
Filed Date: 10/02/2003
Most Recent Update: 11/12/2003
Determination Date: 11/12/2003
Expiration Date:
Employment and Training Administration
TA-W-53,106
TREE SOURCE INDUSTRIES INC.
PORTLAND, OREGON
Negative Determination Regarding Eligibility
To Apply For Worker Adjustment Assistance
And Alternative Trade 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 October 2, 2003 in
response to a petition filed on behalf of workers at Tree
Source Industries Inc., Portland, Oregon. Workers at the
subject firm were engaged in administrative work at a
corporate office.
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 facility.
In addition, in accordance with Section 246 the Trade
Act of 1974 (26 USC 2813), as amended, the Department of
Labor herein presents the results of its investigation
regarding certification of eligibility to apply for
alternative trade adjustment assistance (ATAA) for older
workers.
In order for the Department to issue a certification
of eligibility to apply for ATAA, the worker group must be
certified eligible to apply for trade adjustment assistance
(TAA). Since the workers are denied eligibility to apply
for TAA, the workers cannot be certified eligible for ATAA.
Conclusion
After careful review, I determine that all workers of
Tree Source Industries, Inc., Portland, Oregon 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 in Washington, D.C., this 12th day of November 2003.
/s/ Richard Church
____________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance