Petitioner Type: Workers
Impact Date:
Filed Date: 10/10/2000
Most Recent Update: 10/26/2000
Determination Date: 10/26/2000
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-38,196
GADSDEN MACHINE AND ROLL COMPANY
GADSDEN, ALABAMA
Negative Determination Regarding Eligibility
To Apply For Worker Adjustment Assistance
In accordance with Section 222 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 in response to a petition
received on October 10, 2000 and filed on behalf of workers at
Gadsden Machine and Roll Company, Gadsden, Alabama. The workers
performed machine repair and maintenance services.
The investigation revealed that the workers of Gadsden
Machine and Roll Company, Gadsden, 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.
Therefore, workers of Gadsden Machine and Roll Company 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. In any case, 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
Gadsden Machine and Roll Company, Gadsden, Alabama.
Conclusion
After careful review, I determine that all workers of
Gadsden Machine and Roll Company, Gadsden, Alabama are denied
eligibility to apply for adjustment assistance under Section 223
of the Trade Act of 1974.
Signed in Washington, D. C. this 26th day of October, 2000
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-38,196
GADSDEN MACHINE AND ROLL COMPANY
GADSDEN, ALABAMA
Negative Determination Regarding Eligibility
To Apply For Worker Adjustment Assistance
In accordance with Section 222 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 in response to a petition
received on October 10, 2000 and filed on behalf of workers at
Gadsden Machine and Roll Company, Gadsden, Alabama. The workers
performed machine repair and maintenance services.
The investigation revealed that the workers of Gadsden
Machine and Roll Company, Gadsden, 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.
Therefore, workers of Gadsden Machine and Roll Company 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. In any case, 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
Gadsden Machine and Roll Company, Gadsden, Alabama.
Conclusion
After careful review, I determine that all workers of
Gadsden Machine and Roll Company, Gadsden, Alabama are denied
eligibility to apply for adjustment assistance under Section 223
of the Trade Act of 1974.
Signed in Washington, D. C. this 26th day of October, 2000
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance