DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-38,548

TIMBERLAND LOGGING
ASHLAND, 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 U.S. 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 by a company official on
behalf of workers at Timberland Logging, Ashland, Oregon. The
workers are employed as truck drivers providing fueling support
to helicopter logging transport services.
The investigation revealed that the petitioners at the
subject company do not produce an article within the meaning of
Section 223(3) of the Act. The U.S. 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 of the facts obtained in the
investigation, I conclude that all workers of Timberland Logging,
Ashland, Oregon, are denied eligibility to apply for adjustment
assistance under Section 223 of the Trade Act of 1974."

Signed in Washington, D.C. this 23rd day of January 2001.

/s/ Linda G. Poole

Linda G. Poole
Certifying Officer, Division of
Trade Adjustment Assistance