Petitioner Type: Company
Impact Date:
Filed Date: 12/10/2001
Most Recent Update: 04/16/2002
Determination Date: 04/16/2002
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-40,415
PRESSMAN-GUTMAN COMPANY, INC.
NEW YORK, 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 December 10, 2001, in
response to a petition filed by a company official on behalf of
workers of Pressman-Gutman Company, Inc., New York, New York. The
affected workers were engaged in employment related to the
distribution of textile piece goods.
The investigation revealed that the workers of the subject
firm did 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 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 distributing textile piece
goods at the subject firm.
Conclusion
After careful review, I determine that all workers at
Pressman-Gutman Company, Inc., New York, New York engaged in
employment related to the distribution of textile piece goods, are
denied eligibility to apply for adjustment assistance under Section
223 of the Trade Act of 1974.
Signed in Washington, D.C. this 16th day of April, 2002.
/s/ Edward A. Tomchick
______________________________
EDWARD A. TOMCHICK
Director, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-40,415
PRESSMAN-GUTMAN COMPANY, INC.
NEW YORK, 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 December 10, 2001, in
response to a petition filed by a company official on behalf of
workers of Pressman-Gutman Company, Inc., New York, New York. The
affected workers were engaged in employment related to the
distribution of textile piece goods.
The investigation revealed that the workers of the subject
firm did 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 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 distributing textile piece
goods at the subject firm.
Conclusion
After careful review, I determine that all workers at
Pressman-Gutman Company, Inc., New York, New York engaged in
employment related to the distribution of textile piece goods, are
denied eligibility to apply for adjustment assistance under Section
223 of the Trade Act of 1974.
Signed in Washington, D.C. this 16th day of April, 2002.
/s/ Edward A. Tomchick
______________________________
EDWARD A. TOMCHICK
Director, Division of
Trade Adjustment Assistance