Denied
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TAW-38538  /  Southern Oregon Log (Roseburg, OR)

Petitioner Type: Union
Impact Date:
Filed Date: 01/16/2001
Most Recent Update: 02/09/2001
Determination Date: 02/09/2001
Expiration Date:



DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-38,538

SOUTHERN OREGON LOG SCALING AND GRADING BUREAU
ROSEBURG, OREGON

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 on January 16, 2001 in
response to a petition filed by the Western Council of Industrial
Workers, Local 2058 on behalf of workers at Southern Oregon Log
Scaling and Grading Bureau, Roseburg, Oregon. The workers
measured and appraised logs.
The investigation revealed that the workers of Southern
Oregon Log Scaling and Grading Bureau, Roseburg, Oregon do not
produce an article within the meaning of Section 223(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 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 all workers of
Southern Oregon Log Scaling and Grading Bureau, Roseburg, Oregon
are denied eligibility to apply for adjustment assistance under
Section 223 of the Trade Act of 1974.

Signed in Washington, D.C. this 9th day of February, 2001.


/s/ Linda Poole
_______________________________
LINDA POOLE
Certifying Officer, Division of
Trade Adjustment Assistance