Petitioner Type: Workers
Impact Date:
Filed Date: 04/30/2001
Most Recent Update: 05/04/2001
Determination Date: 05/04/2001
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-39,149
DAIMLER CHRYSLER AG
AUBURN HILLS, 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 April 30, 2001, and filed on behalf of workers at
Daimler Chrysler AG, Auburn Hills, Michigan. The workers were
engaged in activities related to administrative and engineering
functions.
The investigation revealed that the petitioners of Daimler
Chrysler AG, Auburn Hills, 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.
Conclusion
After careful review, I determine that all workers of
Daimler Chrysler AG, Auburn Hills, Michigan, are denied
eligibility to apply for adjustment assistance under Section 223
of the Trade Act of 1974.
Signed in Washington, D. C. this 4th day of May, 2001
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance