Petitioner Type: Workers
Impact Date:
Filed Date: 03/19/2001
Most Recent Update: 04/30/2001
Determination Date: 04/30/2001
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-38,849
BI-COMP, INC.
YORK, PENNSYLVANIA
Negative Determination Regarding Eligibility
To Apply For Worker Adjustment Assistance
In accordance with Section 222 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.
On March 19, 2001, the Division of Trade Adjustment
Assistance received a petition filed under Section 221 (a) of the
Trade Act of 1974, as amended by the Omnibus Trade and
Competitiveness Act of 1988 (P.L. 100-418), on behalf of workers
at Bi-Comp Inc., York, Pennsylvania. The workers provided
keyboarding and proofreading services for an unaffiliated firm.
The investigation revealed that the workers of Bi-Comp Inc.,
York, Pennsylvania 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 performing keyboarding and proofreading at the
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 Bi-
Comp Inc., York, Pennsylvania, are denied eligibility to apply
for adjustment assistance under Section 223 of the Trade Act of
1974.
Signed in Washington, D. C. this 30th day of April, 2001
/s/ Linda G. Poole
_____________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-38,849
BI-COMP, INC.
YORK, PENNSYLVANIA
Negative Determination Regarding Eligibility
To Apply For Worker Adjustment Assistance
In accordance with Section 222 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.
On March 19, 2001, the Division of Trade Adjustment
Assistance received a petition filed under Section 221 (a) of the
Trade Act of 1974, as amended by the Omnibus Trade and
Competitiveness Act of 1988 (P.L. 100-418), on behalf of workers
at Bi-Comp Inc., York, Pennsylvania. The workers provided
keyboarding and proofreading services for an unaffiliated firm.
The investigation revealed that the workers of Bi-Comp Inc.,
York, Pennsylvania 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 performing keyboarding and proofreading at the
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 Bi-
Comp Inc., York, Pennsylvania, are denied eligibility to apply
for adjustment assistance under Section 223 of the Trade Act of
1974.
Signed in Washington, D. C. this 30th day of April, 2001
/s/ Linda G. Poole
_____________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance