Petitioner Type: Workers
Impact Date:
Filed Date: 01/08/2004
Most Recent Update: 02/04/2004
Determination Date: 02/04/2004
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-53,959
BAYER AG
BAYER POLYMERS, LLC
RESEARCH AND DEVELOPMENT FACILITY
PITTSBURGH, PENNSYVANIA
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 8, 2004 in response
to a petition filed on behalf of workers at Bayer AG, Bayer
Polymers, LLC, Research and Development Facility, Pittsburgh,
Pennsylvania. Workers at the subject facility are engaged in the
development of polyurethane raw materials.
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. Addition-
ally, 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.
Conclusion
After careful review, I determine that all workers of Bayer
AG, Bayer Polymers, LLC, Research and Development Facility,
Pittsburgh, Pennsylvania are denied eligibility to apply for
adjustment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 4th day of February 2004.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-53,959
BAYER AG
BAYER POLYMERS, LLC
RESEARCH AND DEVELOPMENT FACILITY
PITTSBURGH, PENNSYVANIA
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 8, 2004 in response
to a petition filed on behalf of workers at Bayer AG, Bayer
Polymers, LLC, Research and Development Facility, Pittsburgh,
Pennsylvania. Workers at the subject facility are engaged in the
development of polyurethane raw materials.
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. Addition-
ally, 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.
Conclusion
After careful review, I determine that all workers of Bayer
AG, Bayer Polymers, LLC, Research and Development Facility,
Pittsburgh, Pennsylvania are denied eligibility to apply for
adjustment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 4th day of February 2004.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance