DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-38,405

CABAT PERFORMANCE MATERIALS
BOYERTOWN, PENNSYLVANIA

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 December 11, 2000 and filed by Local 959C of the
International Chemical Workers Union Council, on behalf of workers
at Cabot Performance Materials, Boyertown, Pennsylvania. The
workers were engaged as analytical lab technicians.
The investigation revealed that the petitioners of Cabot
Performance Materials, Boyertown, Pennsylvania 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 Cabot Performance Materials, Boyertown,
Pennsylvania 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 Cabot
Performance Materials, Boyertown, Pennsylvania engaged as
analytical lab technicians, are denied eligibility to apply for
adjustment assistance under Section 223 of the Trade Act of 1974.

Signed in Washington, D. C. this 5th day of January 2001.
/s/ Linda G. Poole


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