DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-38,773

DAY & ZIMMERMANN, INC.
PARSONS, KANSAS

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 eligi-
bility to apply for worker adjustment assistance.
The investigation was initiated in response to a petition
received on March 5, 2001, and filed on behalf of workers at Day &
Zimmermann, Inc., Parsons, Kansas. The petitioning workers were
engaged in administrative functions. The workers were in non-
manufacturing positions and are separately identifiable from the
actual production workers that produce munitions at the subject
location.
The investigation revealed that the petitioners of Day &
Zimmermann, Inc., Parsons, Kansas did 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 the subject facility 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 Day &
Zimmermann, Inc., Parsons, Kansas, are denied eligibility to apply
for adjustment assistance under Section 223 of the Trade Act of
1974.

Signed in Washington, D. C. this 13th day of March, 2001
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance