Petitioner Type: Workers
Impact Date:
Filed Date: 02/19/2004
Most Recent Update: 03/08/2004
Determination Date: 03/08/2004
Expiration Date:
Employment and Training Administration
TA-W-54,311
INTERCONEX, INC.
d.b.a INTERDEAN.INTERCONEX
DANBURY, CONNECTICUT
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 in response to a petition
received on February 19, 2003 and filed by a company official on
behalf of workers at Interconex, Inc., d.d.a Interdean.
Interconex, Danbury, Connecticut. The workers arranged
international household goods movement for their client's
customers.
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 that 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
Interconex, Inc., d.b.a Interdean.Interconex, Danbury,
Connecticut are denied eligibility to apply for adjustment
assistance under Section 223 of the Trade Act of 1974, as
amended.
Signed in Washington, D. C. this 8th day of March 2004.
/s/ Elliott S. Kushner
___________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance