Petitioner Type: Union
Impact Date:
Filed Date: 05/07/2001
Most Recent Update: 06/01/2001
Determination Date: 06/01/2001
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-39,166
IMPERIAL HOME DECOR GROUP
PLATTSBURGH, NEW YORK
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 May 7, 2001, and filed on behalf of workers and former
workers at Imperial Home Decor Group, Plattsburgh, New York. The
workers are engaged in the warehousing and distribution of wall
coverings.
The investigation revealed that the workers of Imperial Home
Decor Group, Plattsburgh, New York, 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 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.
Production at the subject facility ceased in 1998 and workers
there were covered under a previous certification (TA-W-36,002)
which expired on April 13, 2001.
A petition for NAFTA Transitional Adjustment Assistance has
been filed on behalf of workers at the subject firm (NAFTA 4888).
A determination on that petition will be made concurrently with
this determination.
Conclusion
After careful review, I determine that all workers of Imperial
Home Decor Group, Plattsburgh, New York, are denied eligibility to
apply for adjustment assistance under Section 223 of the Trade Act
of 1974.
Signed in Washington, D. C. this 1st day of June 2001.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer
Division of Trade Adjustment
Assistance
Employment and Training Administration
TA-W-39,166
IMPERIAL HOME DECOR GROUP
PLATTSBURGH, NEW YORK
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 May 7, 2001, and filed on behalf of workers and former
workers at Imperial Home Decor Group, Plattsburgh, New York. The
workers are engaged in the warehousing and distribution of wall
coverings.
The investigation revealed that the workers of Imperial Home
Decor Group, Plattsburgh, New York, 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 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.
Production at the subject facility ceased in 1998 and workers
there were covered under a previous certification (TA-W-36,002)
which expired on April 13, 2001.
A petition for NAFTA Transitional Adjustment Assistance has
been filed on behalf of workers at the subject firm (NAFTA 4888).
A determination on that petition will be made concurrently with
this determination.
Conclusion
After careful review, I determine that all workers of Imperial
Home Decor Group, Plattsburgh, New York, are denied eligibility to
apply for adjustment assistance under Section 223 of the Trade Act
of 1974.
Signed in Washington, D. C. this 1st day of June 2001.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer
Division of Trade Adjustment
Assistance