DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-53,961

SIMPLEXGRINNELL L.P.
dba TYCO SAFETY PRODUCTS
WESTLAKE, OHIO


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 January 8, 2004, in
response to a petition filed on behalf of workers at
SimplexGrinnell LP, dba Tyco Safety Products, Westlake, Ohio. The
workers in the petitioning worker group were engaged in activities
related to Research & Development, technical support,
administrative and customer service.
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.
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
SimplexGrinnell LP, dba Tyco Safety Products, Westlake, Ohio 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 12th day of February, 2004.

/s/ Elliott S. Kushner

______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance