DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-53,696

STINSON, INC.
PITTSBURGH, 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 in response to a petition received on December 3, 2003 and filed by the United Steelworkers of America on behalf of workers at Stinson, Inc., Pittsburgh, Pennsylvania. The workers were engaged in hauling iron ore on the Great Lakes.
The investigation revealed that the petitioning workers of this firm or subdivision do not produce an article within the meaning of Section 222(c)(3) 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 that 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 firm.
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 Stinson, Inc., Pittsburgh, Pennsylvania are denied eligibility to apply for adjustment assistance under Section 223 of the Trade Act of 1974, and are also denial eligibility to apply for alternative trade adjustment assistance under Section 246 of the Trade Act of 1974.
Signed in Washington, D. C. this 8th day of December 2003.

/s/ Elliott S. Kushner
______________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of Trade Adjustment Assistance