DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-53,607

MED-DATA, INC.
CORVALLIS, MONTANA

Negative Determination Regarding Eligibility
To Apply For Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974 (19 USC 2273), as amended, the Department of Labor herein presents the results of its investigation regarding certification of eligibility to apply for worker adjustment assistance.
The investigation was initiated on November 21, 2003, in response to a petition filed by a state agency representative on behalf of a worker at Med-Data, Inc., Corvallis, Montana. The worker provides billing, coding and data management services to Med-Data customers.
The investigation revealed that the worker in this facility does 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 of the subject firm may be certified only if their separation was caused importantly by a reduced demand for their services from their firm 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 the worker at this facility.
Conclusion
After careful review, I determine that all workers of Med-Data, Inc., Corvallis, Montana, are denied eligibility to apply for adjustment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D.C., this 9th day of December 2003.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance