Petitioner Type: Workers
Impact Date:
Filed Date: 03/12/2001
Most Recent Update: 04/23/2001
Determination Date: 04/23/2001
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-38,808
HIT OR MISS
STOUGHTON, MASSACHUSETTS
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 12, 2000, and filed on behalf of workers at Hit
or Miss, Stoughton, Massachusetts. The workers are employed at a
retail clothing store.
The investigation revealed that the workers of Hit or Miss,
Stoughton, Massachusetts, do 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.
Workers of Hit or Miss, Stoughton, Massachusetts, 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 Hit or
Miss, Stoughton, Massachusetts, 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 April, 2001
/s/ Linda G. Poole
______________________________
LINDA G. POOLE,
Certifying Officer, Division of
Trade Adjustment Assistance