Petitioner Type: Workers
Impact Date:
Filed Date: 12/10/2001
Most Recent Update: 07/15/2002
Determination Date: 07/15/2002
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-40,410
THYSEEN MINING CONSTRUCTION OF CANADA
A CONTRACTOR FOR STILLWATER MINING COMPANY
NYE, MONTANA
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 December 1, 2001 in
response to a petition filed on behalf of workers at Thyssen
Mining Construction of Canada, a contractor for Stillwater Mining
Company, located in Nye, Montana. Workers at the subject firm
performed mining and construction at Stillwater Mining Company.
The investigation revealed that the workers of the subject
firm do not produce an article within the meaning of Section
222(3) of the Trade Act, as amended. 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 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 performing mining and
construction services.
Conclusion
After careful review, I determine that all workers of
Thyssen Mining Construction of Canada, a contractor for
Stillwater Mining Company, Nye, Montana, engaged in employment
providing mining and construction services, are denied
eligibility to apply for adjustment assistance under Section 223
of the Trade Act of 1974.
Signed in Washington, D. C. this 15th day of July, 2002
/s/ Linda G. Poole
__________________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-40,410
THYSEEN MINING CONSTRUCTION OF CANADA
A CONTRACTOR FOR STILLWATER MINING COMPANY
NYE, MONTANA
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 December 1, 2001 in
response to a petition filed on behalf of workers at Thyssen
Mining Construction of Canada, a contractor for Stillwater Mining
Company, located in Nye, Montana. Workers at the subject firm
performed mining and construction at Stillwater Mining Company.
The investigation revealed that the workers of the subject
firm do not produce an article within the meaning of Section
222(3) of the Trade Act, as amended. 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 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 performing mining and
construction services.
Conclusion
After careful review, I determine that all workers of
Thyssen Mining Construction of Canada, a contractor for
Stillwater Mining Company, Nye, Montana, engaged in employment
providing mining and construction services, are denied
eligibility to apply for adjustment assistance under Section 223
of the Trade Act of 1974.
Signed in Washington, D. C. this 15th day of July, 2002
/s/ Linda G. Poole
__________________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance