U.S. DEPARTMENT OF LABOR

EMPLOYMENT AND TRAINING ADMINISTRATION

TA-W-40,441

ROAD MACHINERY COMPANY
BAYARD, NEW MEXICO


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 U.S. Department of Labor herein presents the results of an investigation regarding certification of eligibility to apply for worker adjustment assistance.
In order to make an affirmative determination and issue a certification of eligibility to apply for adjustment assistance, each of the group eligibility requirements of Section 222 of the Act must be met.
The investigation was initiated on December 17, 2001 in response to a petition filed by a company official on behalf of workers at Road Machinery Company, Bayard, New Mexico. The workers service machinery.
The investigation revealed that the petitioners of Road Machinery Company, Bayard, New Mexico do not produce an article within the meaning of Section 223(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 Road Machinery Company, Bayard, New Mexico are denied eligibility to apply for adjustment assistance under Section 223 of the Trade Act of 1974.

Signed in Washington, D. C. this 17th day of January 2002.
/s/ Linda G. Poole
_____________________________
LINDA G. POOLE, Certifying Officer
Division of Trade Adjustment
Assistance