DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-53,675

PINCUS BROTHERS, INC.
(10175 NORTHEAST BOULEVARD)
PHILADELPHIA, PENNSYLVANIA

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 December 1, 2003, in response
to a petition filed by UNITE on behalf of workers at Pincus Brothers,
Inc., 10175 Northeast Boulevard, Philadelphia, Pennsylvania. The
workers at the subject firm perform textile warehousing and shipping.
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 Pincus
Brothers, Inc., 10175 Northeast Boulevard, Philadelphia, Pennsylvania
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 7th day of January, 2004
/s/Linda G. Poole
_______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance