Petitioner Type: Workers
Impact Date:
Filed Date: 06/23/2004
Most Recent Update: 07/01/2004
Determination Date: 07/01/2004
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-55,135
ENVIROVAC INDUSTRIAL AND ENVIRONMENTAL SERVICES, LLC
LEXINGTON, SOUTH CAROLINA
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 June 23, 2004, in response
to a petition filed on behalf of workers of Envirovac Industrial
and Environmental Services, LLC, Lexington, South Carolina. The
workers performed industrial cleaning and environmental services.
The investigation revealed that Envirovac Industrial and
Environmental Services, LLC, Lexington, South Carolina, 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 industrial cleaning and environmental
services group do not support a firm or appropriate subdivision
that produces an article domestically 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, I determine that all workers of
Envirovac Industrial and Environmental Services, LLC, Lexington,
South Carolina are denied eligibility to apply for adjustment
assistance under Section 223 of the Trade Act of 1974, and are also
denied eligibility to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974.
Signed in Washington, D.C., this 1st day of July 2004.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance