Denied
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TAW-54156  /  Rocky Shoes and Boots (Nelsonville, OH)

Petitioner Type: Company
Impact Date:
Filed Date: 02/04/2004
Most Recent Update: 02/11/2004
Determination Date: 02/11/2004
Expiration Date:

DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-54,156

ROCKY SHOES AND BOOTS, INC
ENGINEERING SUPPORT
NELSONVILLE, OHIO

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 February 4, 2004 in
response to a petition filed by a company official on behalf of
workers at Rocky Shoes and Boots, Inc., Engineering Support,
Nelsonville, Ohio. The workers at the subject facility provide
engineering support to the manufacturing division that is located
abroad. The manufacturing workers were covered by a previous trade
adjustment certification (TA-W-37,479) that expired on April 24,
2002.
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 Rocky
Shoes and Boots, Inc., Engineering Support, Nelsonville, Ohio are
denied eligibility to apply for adjustment assistance under Section
223 of the Trade Act of 1974.
Signed in Washington, D. C., this 11th day of February 2004.

/s/ Linda G. Poole

______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance