DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-54,140

ASHTON PHOTO COMPANY
INCLUDING LEASED WORKERS FROM PERSONNEL SOURCE
SALEM, OREGON

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 (19
USC 2273), as amended, the Department of Labor herein presents the
results of its investigation regarding certification of eligibility
to apply for worker adjustment assistance.
The investigation was initiated on February 2, 2004 in
response to a petition filed on behalf of workers at Ashton Photo
Company, Salem, Oregon. The workers at the subject firm produced
wholesale photo finishing.
The investigation revealed that the petitioning workers of
this firm 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 of the subject firm may be certified only if their
separation was caused importantly by a reduced demand for their
services from their firm 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 and 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 facility.
In addition, in accordance with Section 246 of the Trade Act
of 1974 (216 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 at Ashton Photo Company, including leased workers from
Personnel Source, Salem, Oregon 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 Ashton
Photo Company, including leased workers from Personnel Source,
Salem, Oregon, are denied eligibility to apply for adjustment
assistance under Section 223 of the Trade Act of 1974 or
alternative trade adjustment assistance under Section 246 of the
Trade Act of 1974.
Signed in Washington, D.C. this 15th day of March 2004.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance