DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-39,816

CNB INTERNATIONAL
BUFFALO, 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 on August 13, 2001, in
response to a petition filed by the United Autoworkers of America,
Local 508, on behalf of workers at CNB International, Buffalo, New
York. The affected workers were employed in technical and support
positions and were not engaged in the production of an article in
the relevant time period, one year prior to the date of the
petition, July 26, 2001.
Workers at the subject plant were certified eligible to apply
for Trade Adjustment Assistance on March 8, 1999 (TA-W-35,719).
That certification expired March 8, 2001.


The investigation revealed that the workers of the subject
firm did not produce an article within the meaning of Section
223(3) of the Trade Act of 1974. The Department of Labor has
consistently determined that the performance of services does not
constitute production of an article, as required by 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 performing services at the
subject facility.
Conclusion
After careful review, I determine that all workers at CNB
International, Buffalo, 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 5th day of February, 2002


/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance