Petitioner Type: Union
Impact Date:
Filed Date: 03/05/2001
Most Recent Update: 05/04/2001
Determination Date: 05/04/2001
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-38,785
VESUVIUS USA
GADSDEN, ALABAMA
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 March 5, 2001, and filed on behalf of workers and
former workers at Vesuvius USA, Gadsden, Alabama. The workers
maintained the furnaces at a steel plant.
The investigation revealed that the workers of Vesuvius USA,
Gadsden, Alabama, do not produce an article within the meaning of
Section 222(3) of the Act. The Department of Labor has consis-
tently 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 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 Vesuvius
USA, Gadsden, Alabama, are denied eligibility to apply for adjust-
ment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 4th day of May 2001.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer
Division of Trade Adjustment
Assistance
Employment and Training Administration
TA-W-38,785
VESUVIUS USA
GADSDEN, ALABAMA
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 March 5, 2001, and filed on behalf of workers and
former workers at Vesuvius USA, Gadsden, Alabama. The workers
maintained the furnaces at a steel plant.
The investigation revealed that the workers of Vesuvius USA,
Gadsden, Alabama, do not produce an article within the meaning of
Section 222(3) of the Act. The Department of Labor has consis-
tently 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 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 Vesuvius
USA, Gadsden, Alabama, are denied eligibility to apply for adjust-
ment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 4th day of May 2001.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer
Division of Trade Adjustment
Assistance