Petitioner Type: Workers
Impact Date:
Filed Date: 11/27/2000
Most Recent Update: 11/28/2000
Determination Date: 11/28/2000
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-38,355
LSC KENTUCKY, LLC.
MORGANFIELD, KENTUCKY
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 27, 2000, and filed on behalf of workers and
former workers at LSC Kentucky, LLC, Morganfield, Kentucky. The
workers were engaged in administrative functions.
The investigation revealed that the workers of LSC Kentucky,
LLC, Morganfield, Kentucky, 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 LSC Kentucky, LLC, Morganfield,
Kentucky, 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 certifica-
tion and the reduction must directly relate to the product
impacted by imports. These conditions have not been met for
workers at LSC Kentucky, LLC, Morganfield, Kentucky.
Conclusion
After careful review, I determine that all workers of LSC
Kentucky, LLC, Morganfield, Kentucky, are denied eligibility to
apply for adjustment assistance under Section 223 of the Trade
Act of 1974.
Signed in Washington, D. C. this 28th day of November, 2000
/s/ Linda G. Poole
_____________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-38,355
LSC KENTUCKY, LLC.
MORGANFIELD, KENTUCKY
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 27, 2000, and filed on behalf of workers and
former workers at LSC Kentucky, LLC, Morganfield, Kentucky. The
workers were engaged in administrative functions.
The investigation revealed that the workers of LSC Kentucky,
LLC, Morganfield, Kentucky, 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 LSC Kentucky, LLC, Morganfield,
Kentucky, 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 certifica-
tion and the reduction must directly relate to the product
impacted by imports. These conditions have not been met for
workers at LSC Kentucky, LLC, Morganfield, Kentucky.
Conclusion
After careful review, I determine that all workers of LSC
Kentucky, LLC, Morganfield, Kentucky, are denied eligibility to
apply for adjustment assistance under Section 223 of the Trade
Act of 1974.
Signed in Washington, D. C. this 28th day of November, 2000
/s/ Linda G. Poole
_____________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance