Petitioner Type: Workers
Impact Date:
Filed Date: 12/31/2001
Most Recent Update: 03/04/2002
Determination Date: 03/04/2002
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-40,497
LUNDEEN'S, INC.
NORTH PLATTE, NEBRASKA
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 December 31, 2001 and filed on behalf of workers at
Lundeen's, Inc., North Platte, Nebraska. The workers are engaged
in employment related to the construction industry.
The investigation revealed that the petitioners of Lundeen's,
Inc., North Platte, Nebraska 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.
Therefore, workers of Lundeen's, Inc., North Platte, Nebraska,
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. In any case, 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 Lundeen's, Inc.,
North Platte, Nebraska.
Conclusion
After careful review, I determine that all workers of River
Lundeen's, Inc., North Platte, Nebraska 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 4th day of March, 2002
/s/ Linda G. Poole
___________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance