Petitioner Type: Company
Impact Date:
Filed Date: 02/05/2004
Most Recent Update: 02/26/2004
Determination Date: 02/26/2004
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-54,171
CHROMALOX, INC.
VERNON, ALABAMA
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 5, 2004 in
response to a petition filed on behalf of workers of Chromalox,
Inc., Vernon, Alabama. The workers performed customer service
for assisting customers with expediting shipping and shipping
instructions.
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
Chromalox, Inc., Vernon, Alabama are denied eligibility to apply
for adjustment assistance under Section 223 of the Trade Act of
1974.
Signed in Washington, D. C. this 26th day of February 2004.
/s/ Linda G. Poole
______________________________
LINDA POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-54,171
CHROMALOX, INC.
VERNON, ALABAMA
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 5, 2004 in
response to a petition filed on behalf of workers of Chromalox,
Inc., Vernon, Alabama. The workers performed customer service
for assisting customers with expediting shipping and shipping
instructions.
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
Chromalox, Inc., Vernon, Alabama are denied eligibility to apply
for adjustment assistance under Section 223 of the Trade Act of
1974.
Signed in Washington, D. C. this 26th day of February 2004.
/s/ Linda G. Poole
______________________________
LINDA POOLE
Certifying Officer, Division of
Trade Adjustment Assistance