Petitioner Type: Workers
Impact Date:
Filed Date: 10/23/2003
Most Recent Update: 11/12/2003
Determination Date: 11/12/2003
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-53,330
AIR PRODUCTS AND CHEMICAL, INC.
CORPORATE HEADQUARTERS
GLOBAL ENGINEERING DEPARTMENT
ALLENTOWN, PENNSYLVANIA
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 October 23, 2003, in
response to a petition filed on behalf of workers at Global
Engineering Department, Air Products and Chemical, Inc., Corporate
Headquarters, Allentown, Pennsylvania. Workers at the subject
facility were engaged in the design of air separation plants, which
are used by a variety of industries to produce oxygen, nitrogen,
argon and other gasses.
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.
Conclusion
After careful review, I determine that all workers of Air
Products and Chemical, Inc., Corporate Headquarters, Global
Engineering Department, Allentown, Pennsylvania, are denied
eligibility to apply for trade adjustment assistance under Section
223 of the Trade Act of 1974.
Signed in Washington, D. C. this 12th day of November 2003.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-53,330
AIR PRODUCTS AND CHEMICAL, INC.
CORPORATE HEADQUARTERS
GLOBAL ENGINEERING DEPARTMENT
ALLENTOWN, PENNSYLVANIA
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 October 23, 2003, in
response to a petition filed on behalf of workers at Global
Engineering Department, Air Products and Chemical, Inc., Corporate
Headquarters, Allentown, Pennsylvania. Workers at the subject
facility were engaged in the design of air separation plants, which
are used by a variety of industries to produce oxygen, nitrogen,
argon and other gasses.
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.
Conclusion
After careful review, I determine that all workers of Air
Products and Chemical, Inc., Corporate Headquarters, Global
Engineering Department, Allentown, Pennsylvania, are denied
eligibility to apply for trade adjustment assistance under Section
223 of the Trade Act of 1974.
Signed in Washington, D. C. this 12th day of November 2003.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance