Denied
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TAW-38332  /  Pronav Ship Management (Greenwich, CT)

Petitioner Type: Workers
Impact Date:
Filed Date: 11/20/2000
Most Recent Update: 01/23/2001
Determination Date: 01/23/2001
Expiration Date:


DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-38,332
PRONAV SHIP MANAGEMENT, INC.
GREENWICH, CONNECTICUT


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 November 20, 2000 and filed on behalf of workers for
PRONAV Ship Management, Inc., Greenwich, Connecticut. The
subject firm serves as the employer of hired crew members to
perform services on various vessels sailing under the subject
firm's flag.
The investigation revealed that the petitioners of PRONAV
Ship Management, Inc., 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 at 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 workers of PRONAV
Ship Management, Inc., Greenwich, Connecticut, are denied
eligibility to apply for adjustment assistance under
Section 223 of the Trade Act of 1974.

Signed in Washington, D.C. this 23rd day of January 2001.
/s/ Linda G. Poole

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