Petitioner Type: Union
Impact Date:
Filed Date: 05/07/2004
Most Recent Update: 06/07/2004
Determination Date: 06/07/2004
Expiration Date:
Employment and Training Administration
TA-W 54,865
H.E. SERVICES COMPANY
UNIVERSAL INSPECTION AND SORTING DIVISION
SAGINAW, MICHIGAN
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, 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 May 7, 2004 in response to
a petition filed on behalf of workers at H.E. Services Company,
Universal Inspection and Sorting division, Saginaw, Michigan.
Workers at the subject division inspect and sort automotive parts
for quality. The auto parts are manufactured by unaffiliated
firms, and the services of the subject division are not provided on
a contractual basis.
The investigation revealed that H.E. Services Company,
Universal Inspection and Sorting division, Saginaw, Michigan does
not produce an article within the meaning of Section 222(a)(2) of
the Act. In order to be considered eligible to apply for
adjustment assistance under Section 223 of the Trade Act of 1974,
the worker group seeking certification (or on whose behalf
certification is being sought) must work for a "firm" or
appropriate subdivision that produces an article and there must be
a relationship between the workers' work and the article produced
by the workers' firm or appropriate subdivision. The petitioning
worker group seeking certification does not support a firm or
appropriate subdivision that produces an article and thus the
worker group can not be considered import impacted or affected by a
shift in production of an article.
In addition, in accordance with Section 246 the Trade Act of
1974 (26 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 are denied eligibility to apply for TAA, the workers cannot
be certified eligible for ATAA.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that all workers of H.E. Services
Company, Universal Inspection and Sorting division, Saginaw,
Michigan are denied eligibility to apply for adjustment assistance
under section 223 of the Trade Act of 1974, and alternative trade
adjustment assistance under Section 246 of the Trade Act of 1974.
Signed in Washington, D. C. this 7th day of June 2004.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance