Petitioner Type: Workers
Impact Date:
Filed Date: 11/13/2000
Most Recent Update: 12/19/2000
Determination Date: 12/19/2000
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-38,313
WINN-DIXIE RALEIGH, INC.,
GARDEN CITY, SOUTH CAROLINA
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 in response to a petition
received on November 13, 2000, and filed on behalf of workers at
Winn-Dixie, Raleigh, Inc., Garden City, South Carolina. The
workers are employed at a retail grocery store.
The investigation revealed that the workers of Winn-Dixie
Raleigh, Inc., Garden City, South Carolina, 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.
Workers of Winn-Dixie, Raleigh, Inc., Garden City, South
Carolina, 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 Winn-
Dixie Raleigh, Inc., Garden City, South Carolina, are denied
eligibility to apply for adjustment assistance under Section 223 of
the Trade Act of 1974.
Signed in Washington, D. C. this 19th day of December, 2000
/s/ Linda G. Poole
______________________________
LINDA G. POOLE,
Certifying Officer, Division of
Trade Adjustment Assistance