Petitioner Type: Workers
Impact Date:
Filed Date: 03/26/2001
Most Recent Update: 04/02/2001
Determination Date: 04/02/2001
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-38,902
TROY DESIGN, INC.
SMALL CAR GROUP
LANSING, MICHIGAN
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 26, 2001, and filed on behalf of workers at Troy
Design, Inc., Small Car Group, Lansing, Michigan. The workers were
engaged in design and engineering services for the auto industry.
The investigation revealed that the petitioners of Troy
Design, Inc., Small Car Group, Lansing, Michigan 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.
The investigation further revealed that the major contributing
factor to the layoffs at the subject plant is related to a shift in
operations to another domestic location.
Conclusion
After careful review, I determine that all workers of Troy
Design, Inc., Small Car Group, Lansing, Michigan, are denied
eligibility to apply for adjustment assistance under Section 223 of
the Trade Act of 1974.
Signed in Washington, D. C. this 2nd day of April, 2001
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance