Denied
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TAW-38109  /  C and P Trucking Co., Inc (Attalla, AL)

Petitioner Type: Company
Impact Date:
Filed Date: 09/18/2000
Most Recent Update: 10/17/2000
Determination Date: 10/17/2000
Expiration Date:



DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-38,109

C & P TRUCKING COMPANY, INC.
ATTALLA, ALABAMA

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 eligi-
bility to apply for worker adjustment assistance.
The investigation was initiated on September 18, 2000 in
response to a petition filed on behalf of workers at C & P
Trucking Company, Inc., Attalla, Alabama. Workers were
responsible for the loading and transportation of steel products.
The investigation revealed that the workers of C & P
Trucking, Attalla, Alabama, 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 the subject firm 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 C & P
Trucking Company, Inc., Attalla, Alabama are denied eligibility
to apply for adjustment assistance under Section 223 of the Trade
Act of 1974.

Signed in Washington, D. C. this 17th day of October, 2000.


Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance