Petitioner Type: Workers
Impact Date:
Filed Date: 01/02/2004
Most Recent Update: 02/10/2004
Determination Date: 02/10/2004
Expiration Date:
Employment and Training Administration
TA-W-53,931
SCI FUNERAL & CEMETERY PURCHASING COOPERATIVE
HOUSTON, TEXAS
Negative Determination Regarding Eligibility
To Apply For Worker 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 January 2, 2004, in
response to a petition filed on behalf of workers at SCI Funeral &
Cemetery Purchasing Cooperative, Houston, Texas. The workers at
the subject facility were engaged in information technology related
services.
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. A firm
includes an individual proprietorship, partnership, joint
venture, association, corporation (including a development
corporation), business trust, cooperative, trustee in bankruptcy,
and receiver under decree of any court. A firm, together with any
predecessor or successor-in-interest, or together with any
affiliated firm controlled or substantially beneficially owned by
substantially the same persons, may be considered a single firm.
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.
Conclusion
After careful review, I determine that all workers of SCI
Funeral & Cemetery Purchasing Cooperative, Houston, Texas are
denied eligibility to apply for adjustment assistance under Section
223 of the Trade Act of 1974.
Signed in Washington, D. C. this 10th day of February, 2004
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance