Petitioner Type: Workers
Impact Date:
Filed Date: 01/15/2009
Most Recent Update: 02/20/2009
Determination Date: 02/20/2009
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-64,912
ROAD AND RAIL SERVICES
VENICE, ILLINOIS
Notice of Negative Determination
Regarding Application for Reconsideration
By application dated February 27, 2009, the petitioner
requested administrative reconsideration of the Department's
negative determination regarding eligibility to apply for Trade
Adjustment Assistance (TAA), applicable to workers and former
workers of the subject firm. The denial notice was signed on
February 20, 2009 and published in the Federal Register on March
10, 2009 (74 FR 10303).
Pursuant to 29 CFR 90.18(c) reconsideration may be granted
under the following circumstances:
(1) If it appears on the basis of facts not previously
considered that the determination complained of
was erroneous;
(2) if it appears that the determination complained of
was based on a mistake in the determination of facts
not previously considered; or
(3) if in the opinion of the Certifying Officer, a mis-
interpretation of facts or of the law justified
reconsideration of the decision.
The negative TAA determination issued by the Department for
workers of Road & Rail Services, Venice, Illinois was based on
the finding that the worker group does not produce an article
within the meaning of Section 222 of the Trade Act of 1974.
The petitioners contend that the Department erred in its
interpretation of work performed at the subject facility and
indicate that the workers of the subject firm performed services
under contract to Norfolk and Southern Railroad in Venice,
Illinois and that the railroad had a contract with Chrysler in
Fenton, Missouri. The petitioner also stated that the workers of
the subject firm prepared railcars so that the assembled Chrysler
vehicles could safely be loaded. Furthermore, the petitioner
alleged that the workers of the subject firm were laid off
because Chrysler shifted production to Canada and stopped
shipping its products through Venice, Illinois.
The petitioners alleged that because the subject firm
provided services to a customer who in its turn provided services
to another customer producing automobiles and which might be
import impacted; workers of the subject firm should be eligible
for Trade Adjustment Assistance.
The nature of the work involved is not an issue in
ascertaining whether the petitioning workers are eligible for
trade adjustment assistance, but whether they produced an article
within the meaning of section 222 of the Trade Act of 1974. The
fact that workers of the subject firm performed services for
customers, which produces articles, does not imply production of
an article within the meaning of Section 222.
The investigation revealed that the workers of Road & Rail
Services, Venice, Illinois performed railcar maintenance for a
local railroad and did not support production. These functions,
as described above, are not considered production of an article
within the meaning of Section 222 of the Trade Act of 1974.
The petitioner did not supply facts not previously
considered; nor provide additional documentation indicating that
there was either 1) a mistake in the determination of facts not
previously considered or 2) a misinterpretation of facts or of
the law justifying reconsideration of the initial determination.
After careful review of the request for reconsideration, the
Department determines that 29 CFR 90.18(c) has not been met.
Conclusion
After review of the application and investigative findings,
I conclude that there has been no error or misinterpretation of
the law or of the facts which would justify reconsideration of
the Department of Labor's prior decision. Accordingly, the
application is denied.
Signed in Washington, D.C., this 12th day of March 2009.
/s/ Elliott S. Kushner
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-64,912
ROAD & RAIL SERVICES
VENICE, ILLINOIS
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 January 15, 2009, in
response to a petition filed on behalf of workers of Road & Rail
Services, Venice, Illinois. The workers performed railcar
maintenance for a local railroad.
The investigation revealed that Road & Rail Services,
Venice, Illinois, 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 Road & Rail Services workers in Venice,
Illinois 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 assis-
tance (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 Road & Rail
Services, Venice, Illinois, 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 20th day of February 2009
/s/Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance
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Employment and Training Administration
TA-W-64,912
ROAD AND RAIL SERVICES
VENICE, ILLINOIS
Notice of Negative Determination
Regarding Application for Reconsideration
By application dated February 27, 2009, the petitioner
requested administrative reconsideration of the Department's
negative determination regarding eligibility to apply for Trade
Adjustment Assistance (TAA), applicable to workers and former
workers of the subject firm. The denial notice was signed on
February 20, 2009 and published in the Federal Register on March
10, 2009 (74 FR 10303).
Pursuant to 29 CFR 90.18(c) reconsideration may be granted
under the following circumstances:
(1) If it appears on the basis of facts not previously
considered that the determination complained of
was erroneous;
(2) if it appears that the determination complained of
was based on a mistake in the determination of facts
not previously considered; or
(3) if in the opinion of the Certifying Officer, a mis-
interpretation of facts or of the law justified
reconsideration of the decision.
The negative TAA determination issued by the Department for
workers of Road & Rail Services, Venice, Illinois was based on
the finding that the worker group does not produce an article
within the meaning of Section 222 of the Trade Act of 1974.
The petitioners contend that the Department erred in its
interpretation of work performed at the subject facility and
indicate that the workers of the subject firm performed services
under contract to Norfolk and Southern Railroad in Venice,
Illinois and that the railroad had a contract with Chrysler in
Fenton, Missouri. The petitioner also stated that the workers of
the subject firm prepared railcars so that the assembled Chrysler
vehicles could safely be loaded. Furthermore, the petitioner
alleged that the workers of the subject firm were laid off
because Chrysler shifted production to Canada and stopped
shipping its products through Venice, Illinois.
The petitioners alleged that because the subject firm
provided services to a customer who in its turn provided services
to another customer producing automobiles and which might be
import impacted; workers of the subject firm should be eligible
for Trade Adjustment Assistance.
The nature of the work involved is not an issue in
ascertaining whether the petitioning workers are eligible for
trade adjustment assistance, but whether they produced an article
within the meaning of section 222 of the Trade Act of 1974. The
fact that workers of the subject firm performed services for
customers, which produces articles, does not imply production of
an article within the meaning of Section 222.
The investigation revealed that the workers of Road & Rail
Services, Venice, Illinois performed railcar maintenance for a
local railroad and did not support production. These functions,
as described above, are not considered production of an article
within the meaning of Section 222 of the Trade Act of 1974.
The petitioner did not supply facts not previously
considered; nor provide additional documentation indicating that
there was either 1) a mistake in the determination of facts not
previously considered or 2) a misinterpretation of facts or of
the law justifying reconsideration of the initial determination.
After careful review of the request for reconsideration, the
Department determines that 29 CFR 90.18(c) has not been met.
Conclusion
After review of the application and investigative findings,
I conclude that there has been no error or misinterpretation of
the law or of the facts which would justify reconsideration of
the Department of Labor's prior decision. Accordingly, the
application is denied.
Signed in Washington, D.C., this 12th day of March 2009.
/s/ Elliott S. Kushner
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-64,912
ROAD & RAIL SERVICES
VENICE, ILLINOIS
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 January 15, 2009, in
response to a petition filed on behalf of workers of Road & Rail
Services, Venice, Illinois. The workers performed railcar
maintenance for a local railroad.
The investigation revealed that Road & Rail Services,
Venice, Illinois, 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 Road & Rail Services workers in Venice,
Illinois 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 assis-
tance (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 Road & Rail
Services, Venice, Illinois, 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 20th day of February 2009
/s/Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance
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