Petitioner Type: Company
Impact Date:
Filed Date: 09/28/2001
Most Recent Update: 02/15/2002
Determination Date: 02/15/2002
Expiration Date:
Employment and Training Administration
TA-W-40,127
PEAK OILFIELD SERVICE COMPANY
ANCHORAGE, ALASKA
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 September 28, 2001 and filed on behalf of workers at
Peak Oilfield Service Co., Anchorage, Alaska. The workers are
engaged in providing services to the oil industry.
The investigation revealed that the petitioners of Peak
Oilfield Service Co., Anchorage, Alaska 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 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 Peak Oilfield Service Co., Anchorage, Alaska.
The petitioner asserts that the price of oil being imported
affected their business. Further, Peak is an oilfield service
company providing heavy equipment and manpower to the oil
industry.
Conclusion
After careful review, I determine that all workers of Peak
Oilfield Service Co., Anchorage, Alaska who were engaged in
providing a service are denied eligibility to apply for
adjustment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 15th of February, 2002.
/s/ Linda G. Poole
________________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance