Petitioner Type: Workers
Impact Date:
Filed Date: 02/19/2004
Most Recent Update: 02/25/2004
Determination Date: 02/25/2004
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-54,309
BIG BEAR PLUS #254
A SUBSIDIARY OF THE PENN TRAFFIC COMPANY
PORTSMOUTH, 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 19, 2004, in response to a petition filed on behalf of workers at Big Bear Plus #254, a subsidiary of The Penn Traffic Company, Portsmouth, Ohio. Workers at the subject facility sold grocery products.
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 facility.
Conclusion
After careful review, I determine that all workers of Big Bear Plus #254, a subsidiary of Penn Traffic Company, Portsmouth, Ohio are denied eligibility to apply for adjustment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 25th day of February 2004.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-54,309
BIG BEAR PLUS #254
A SUBSIDIARY OF THE PENN TRAFFIC COMPANY
PORTSMOUTH, 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 19, 2004, in response to a petition filed on behalf of workers at Big Bear Plus #254, a subsidiary of The Penn Traffic Company, Portsmouth, Ohio. Workers at the subject facility sold grocery products.
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 facility.
Conclusion
After careful review, I determine that all workers of Big Bear Plus #254, a subsidiary of Penn Traffic Company, Portsmouth, Ohio are denied eligibility to apply for adjustment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 25th day of February 2004.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance