Petitioner Type: Company
Impact Date:
Filed Date: 11/10/2003
Most Recent Update: 12/18/2003
Determination Date: 12/18/2003
Expiration Date:
Employment and Training Administration
TA-W-53,498
ANADARKO PETROLEUM
CORPORATE HEADQUARTERS
THE WOODLANDS, TEXAS
TA-W-53,498A
ANADARKO PETROLEUM
MIDLAND DIVISION OFFICE
MIDLAND, TEXAS
TA-W-53498B
ANADARKO PETROLEUM
AMARILO DIVISION OFFICE
AMARILLO, TEXAS
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 November 10, 2003 in
response to a petition filed by a company official on behalf of
workers at Anadarko Petroleum Corporation, Corporate Headquarters,
The Woodlands, Texas (TA-W-53,498); Anadarko Petroleum Corporation,
Midland Division Office, Midland, Texas (TA-W-53,498A); and
Anadarko Petroleum Corporation, Amarillo Division Office, Amarillo,
Texas (TA-W-53,498B). Workers at the three facilities were engaged
in various types of administrative office work or employed as
engineers and geologists in non-production functions.
The investigation revealed that the workers of this firm or
subdivision for whom the petition was filed 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. 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.
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 Anadarko
Petroleum Corporation, Corporate Headquarters, The Woodlands, Texas
(TA-W-53,498); Anadarko Petroleum Corporation, Midland Division
Office, Midland, Texas (TA-W-53,498A); and Anadarko Petroleum
Corporation, Amarillo Division Office, Amarillo, Texas (TA-W-
53,498B) are denied eligibility to apply for adjustment assistance
under section 223 of the Trade Act of 1974, and alternative trade
adjustment assistance under Section 246 of the Trade Act of 1974.
Signed in Washington, D. C., this 18th day of December 2003
/s/Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance