DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-38,072

JN OIL AND GAS, INC.
BILLINGS, MONTANA

Negative Determination Regarding Eligibility
To Apply For Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273) as amended by the Omnibus Trade and Competitiveness Act
of 1988 (P. L. 100-418), 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 September 11, 2000 and filed on behalf of workers at JN
Oil and Gas, Inc., Billings, Montana. The workers were engaged in
administrative functions.
The investigation revealed that the petitioners of JN Oil
and Gas, Inc., Billings, Montana do not produce an article within
the meaning of Section 222(3) 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 of JN Oil and Gas, Inc., Billings, Montana 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 the subject firm by ownership, or a firm
related by control. 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 the
subject firm.
Conclusion
After careful review, I determine that all workers of JN Oil
and Gas, Inc., Billings, Montana, are denied eligibility to apply
for adjustment assistance under Section 223 of the Trade Act of
1974.

Signed in Washington, D. C. this 20th day of September, 2000.
/s/ Edward A. Tomchick

EDWARD A. TOMCHICK
Director, Division of
Trade Adjustment Assistance