DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-38,712

DAVE SZALAY LOGGING
WHITEFISH, MONTANA

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.
In order to make an affirmative determination and issue a
certification of eligibility to apply for adjustment assistance,
each of the group eligibility requirements of Section 222 of the
Act must be met:
(1) that a significant number or proportion of the workers
in the workers' firm, or an appropriate subdivision
thereof, have become totally or partially separated, or
are threatened to become totally or partially
separated;

(2) that sales or production, or both, of the firm or
subdivision have decreased absolutely; and

(3) that increases of imports of articles like or directly
competitive with articles produced by the firm or
appropriate subdivision have contributed importantly to
the separations, or threat thereof, and to the absolute
decline in sales or production.



The investigation was initiated on February 20, 2001 in
response to a petition filed by a company official on behalf of
workers at Dave Szalay Logging, Whitefish, Montana. The workers
were engaged in activity related to the production of saw logs.
The investigation revealed that criterion (3) has not been
met.
The investigation revealed that the subject company did not
import saw logs during the relevant time period.
The investigation also revealed that the subject company's
major customers did not increase imports of saw logs during the
relevant time period.
Petitioners allege that increased imports of lumber led to
worker separations at Dave Szalay Logging. Under the Trade Act
of 1974, increased imports of a finished product, such as lumber,
cannot be used as the basis for certification of workers
producing logs. Imports of logs must be considered as the basis
for possible certification in this case.
Currently, there is a NAFTA-TAA petition in process for the
workers at Dave Szalay Logging, Whitefish, Montana, (NAFTA-4546).
Conclusion
After careful review, I determine that all workers of Dave
Szalay Logging, Whitefish, Montana 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