Petitioner Type: Company
Impact Date:
Filed Date: 04/30/2001
Most Recent Update: 04/30/2001
Determination Date: 04/30/2001
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-39,138
SMALL WOODLAND SERVICES, INC.
EAGLE POINT, OREGON
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 April 30, 2001 and filed by a company official on
behalf of workers at Small Woodland Services, Inc., Eagle Point,
Oregon. The workers performed forestry and resource management
services.
The investigation revealed that the workers of Small
Woodland Services, Inc., Eagle Point, Oregon do not produce an
article within the meaning of Section 223(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 Small Woodland Services, Inc., Eagle Point,
Oregon 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-TAA petition (NAFTA-4746)
investigation in process for the workers at the subject company.
Conclusion
After careful review, I determine that all workers of Small
Woodland Services, Inc., Eagle Point, Oregon 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