Petitioner Type: Union
Impact Date:
Filed Date: 12/30/2003
Most Recent Update: 01/14/2004
Determination Date: 01/14/2004
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-53,900
PENNSYLVANIA SOUTHWESTERN RAILROAD
A SUBSIDIARY OF WATCO COMPANIES, INC.
MIDLAND, 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 30, 2003 in response to a petition filed by the United Steel Workers of America, Local 1212, on behalf of workers of Pennsylvania Southwestern Railroad, a subsidiary of Watco Companies, Midland, Pennsylvania. Workers at the subject firm provide rail service to a member of the steel industry.
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.
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 Pennsylvania Southwestern Railroad, a subsidiary of Watco Companies, Midland, Pennsylvania 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 14th day of January 2004.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-53,900
PENNSYLVANIA SOUTHWESTERN RAILROAD
A SUBSIDIARY OF WATCO COMPANIES, INC.
MIDLAND, 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 30, 2003 in response to a petition filed by the United Steel Workers of America, Local 1212, on behalf of workers of Pennsylvania Southwestern Railroad, a subsidiary of Watco Companies, Midland, Pennsylvania. Workers at the subject firm provide rail service to a member of the steel industry.
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.
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 Pennsylvania Southwestern Railroad, a subsidiary of Watco Companies, Midland, Pennsylvania 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 14th day of January 2004.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance