DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-39,746 CODY ENERGY LLC
DENVER, COLORADO

TA-W-39,746A CODY ENERGY LLC
HOUSTON, TEXAS

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 August 6, 2001, and filed by a company official on behalf of workers at Cody Energy LLC, Denver, Colorado and Houston, Texas. The workers were engaged in employment related to clerical, accounting, engineering, geologist, and administration services and do not produce and article.
The investigation revealed that the workers of Cody Energy LLC, Denver, Colorado and Houston, Texas, 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 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 of Cody Energy LLC, Denver, Colorado and Houston, Texas, are denied eligibility to apply for adjustment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 12th day of October, 2001.

/s/ Linda G. Poole

______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance