Denied
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TAW-38343  /  United Steelworkers (Gadsden, AL)

Petitioner Type: Union
Impact Date:
Filed Date: 11/20/2000
Most Recent Update: 12/22/2000
Determination Date: 12/22/2000
Expiration Date:


DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-38,343
UNITED STEELWORKERS OF AMERICA
LOCAL 2176
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
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 and
former workers at United Steelworkers of America, Local 2176,
Gadsden, Alabama. The workers were engaged in union
administrative functions.
The investigation revealed that the workers of United
Steelworkers of America, Local 2176, 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.



Workers of the subject organization 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
organization.
Conclusion
After careful review, I determine that all workers of United
Steelworkers of America, Local 2176, 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 22nd day of December, 2000

/s/ Linda G. Poole
_____________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance