Petitioner Type: Workers
Impact Date:
Filed Date: 07/09/2001
Most Recent Update: 07/23/2001
Determination Date: 07/23/2001
Expiration Date:
Employment and Training Administration
TA-W-39,610
AVECIA, INC.
MT. PLEASANT, TENNESSEE
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 on July 9, 2001, in response
to a petition filed by workers at Avecia, Inc. in Mt. Pleasant,
Tennessee. The workers were involved in research and development
of proposed new chemicals. The Department of Labor has
consistently determined that the performance of services does not
constitute production of an article, and this determination has
been upheld in the U.S. Court of Appeals.
Workers of 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 at
Avecia, Inc., Research and Development Group, Mount Pleasant,
Tennessee are denied eligibility to apply for adjustment
assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 23rd day of July 2001.
/s/ Linda G. Poole
_____________________________________
LINDA G. POOLE
Certifying Officer, Division of Trade
Adjustment Assistance