Denied
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TAW-38537  /  West Texas Energy Serv. (Big Spring, TX)

Petitioner Type: Company
Impact Date:
Filed Date: 01/16/2001
Most Recent Update: 04/03/2001
Determination Date: 04/03/2001
Expiration Date:




DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-38,537

WEST TEXAS ENERGY SERVICES, LLC
BIG SPRING, TEXAS


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 January 16, 2001, and filed on behalf of workers at
West Texas Energy Services, LLC, Big Spring, Texas. The workers
performed a service such as mechanics.
The investigation revealed that the petitioners of West
Texas Energy Services, LLC, Big Spring, Texas 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 West Texas Energy Services, LLC, Big Spring, Texas
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 West
Texas Energy Services, LLC, Big Spring, Texas, are denied
eligibility to apply for adjustment assistance under Section 223
of the Trade Act of 1974.

Signed in Washington, D. C. this 3rd day of April, 2001.
/s/ Linda G. Poole


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