Petitioner Type: Company
Impact Date:
Filed Date: 10/16/2000
Most Recent Update: 12/06/2000
Determination Date: 12/06/2000
Expiration Date:
Employment and Training Administration
TA-W-38,217
UNION PACIFIC FUELS INC.
UNION RESOURCES COMPANY
AND UNION PACIFIC RESOURCES GROUP, INC.
HEADQUARTERED IN FORT WORTH, TEXAS
AND
OPERATING IN THE FOLLOWING STATES
TA-W-38,217A COLORADO TA-W-38,217B WYOMING
TA-W-38,217C OKLAHOMA TA-W-38,217D KANSAS
TA-W-38,217E LOUISIANA TA-W-38,217F UTAH
TA-W-38,217G TEXAS
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.
In order to make an affirmative determination and issue a
certification of eligibility to apply for adjustment assistance,
each of the group eligibility requirements of Section 222 of the
Act must be met:
(1) that a significant number or proportion of the workers
in the workers' firm, or an appropriate subdivision
thereof, have become totally or partially separated, or
are threatened to become totally or partially
separated;
(2) that sales or production, or both, of the firm or
subdivision have decreased absolutely; and
(3) that increases of imports of articles like or directly
competitive with articles produced by the firm or
appropriate subdivision have contributed importantly to
the separations, or threat thereof, and to the absolute
decline in sales or production.
The investigation was initiated on October 16, 2000 in
response to a petition filed on behalf of workers at Union
Pacific Fuels, Inc., Union Pacific Resources Company and Union
Pacific Resources Group, Inc., headquartered in Fort Worth,
Texas, and operating in Colorado, Wyoming, Oklahoma, Kansas,
Louisiana, Utah and Texas. The workers are engaged in employment
related to the production of crude oil and natural gas.
This investigation revealed that criterion (3) has not been
met.
The investigation findings show that the subject firm merged
with another firm in July 2000. Any layoffs that occur at the
subject firm after January 21, 2001, the expiration date of
existing certification applicable to the petitioning worker
group, TA-W-35,465, may be attributable to this merger and a
redundancy in employee positions, particularly in the
headquarters in Fort Worth, Texas. There are no planned layoffs
of subject firm production workers after January 21, 2001.
In the latest twelve-month period of July through June,
1999 and 2000, aggregate U.S. imports for both natural gas and
crude oil declined both absolutely and relative to domestic
shipments.
A petition for NAFTA-Transitional Adjustment Assistance has
been filed on behalf of workers at the subject firm, NAFTA-4248.
A determination on that petition will be made concurrently with
this decision.
Conclusion
After careful review, I determine that workers of Union
Pacific Fuels, Inc., Union Pacific Resources Company and Union
Pacific Resources Group, Inc., headquartered in Fort Worth,
Texas, and operating in Colorado, Wyoming, Oklahoma, Kansas,
Louisiana, Utah and Texas are denied eligibility to apply for
adjustment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 6th day of December, 2000.
/s/ Linda G. Poole
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-38,217
UNION PACIFIC FUELS INC.
UNION RESOURCES COMPANY
AND UNION PACIFIC RESOURCES GROUP, INC.
HEADQUARTERED IN FORT WORTH, TEXAS
AND
TA-W-38,217G
OPERATING IN TEXAS
Notice of Negative Determination
Regarding Application for Reconsideration
By application of December 28, 2000, the petitioners requested
administrative reconsideration of the Department's negative
determination regarding eligibility for workers and former workers
of the subject firm to apply for Trade Adjustment Assistance (TAA).
The denial notice applicable to workers of Union Pacific Fuels Inc.,
Union Resources Company, and Union Pacific Resources Group, Inc.,
Headquartered in Fort Worth, Texas (TA-W-37,217), and operating in
various States including Texas (TA-W-37,217G), was signed on
December 6, 2000, and was published in the Federal Register on
December 21, 2000 (65 FR 80456).
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 request for reconsideration of TA-W-37,217 and
TA-W-37,217G, states that the Fort Worth, Texas workers of the
subject firm are being retained to transition computer systems, land
records, train Anadarko employees and transfer assets. The
petitioner adds that these workers are being retained because of
their specialized expertise unique to the oil and gas industry;
opportunities in Fort Worth are limited as more companies close.
The petitioner submitted excerpts form the subject firm's 1998 and
1999 annual reports, and materials related to the oil and gas
industry.
The TAA petition filed on October 16, 2000, was filed on behalf
of workers engaged in employment related to the production of crude
oil and natural gas, at the subject firm headquarters in Fort Worth,
Texas, and operating in Colorado, Wyoming, Oklahoma, Kansas,
Louisiana, Utah and Texas. On December 6, 2000, workers of the
subject firm were denied eligibility to apply for worker adjustment
assistance because the "contributed importantly" criterion of the
group eligibility requirements of Section 222 of the Trade Act of
1974, as amended, was not met. The subject firm merged with
another firm in July 2000. Workers of the subject firm were covered
by an existing certification, TA-W-35,465, which expired January 21,
2001. Any layoffs that occurred at the subject firm after the
expiration date of the certification applicable to the petitioning
worker group, were attributable to this merger and a redundancy in
employee positions. Furthermore, aggregate U.S. imports of crude
oil and natural gas declined in the twelve-month period of July
through June 1999-2000, both absolutely and relative to domestic
shipments.
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 decisions. Accordingly, the
application is denied.
Signed at Washington, D.C., this 20th day of February 2001
Edward A. Tomchick
EDWARD A. TOMCHICK
Director, Division of
Trade Adjustment Assistance