Petitioner Type: Workers
Impact Date:
Filed Date: 03/12/2001
Most Recent Update: 04/26/2001
Determination Date: 04/26/2001
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-38,818
STB SYSTEMS, INC.
d/b/a
3DFX INTERACTIVE OF TEXAS, INC.
EL PASO, TEXAS
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 12, 2001, and filed on behalf of workers at STB
Systems, Inc. d/b/a/ 3dfx Interactive of Texas, Inc., El Paso,
Texas. The workers were engaged in warehousing and component part
purchasing.
The investigation revealed that the workers of STB Systems,
Inc. d/b/a/ 3dfx Interactive of Texas, El Paso, Texas 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, and
this determination has been upheld in the U. S. Court of Appeals.
Workers of STB Systems, Inc. d/b/a/ 3dfx Interactive of
Texas, Inc., El Paso, Texas 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.
Currently there is a NAFTA Transitional Adjustment
Assistance investigation underway for the same group of workers
at the subject firm NAFTA #4622.
Conclusion
After careful review, I determine that all workers of STB
Systems, Inc. d/b/a/ 3dfx Interactive of Texas, Inc., El Paso,
Texas engaged in warehousing and component part purchasing, are
denied eligibility to apply for adjustment assistance under
Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 26th day of April, 2001.
/s/ Linda G. Poole
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance