Petitioner Type: Union
Impact Date:
Filed Date: 01/28/2002
Most Recent Update: 02/20/2002
Determination Date: 02/20/2002
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-40,678
ACTIVE TRANSPORTATION COMPANY,
PORTLAND TERMINAL
PORTLAND, OREGON
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 January 28, 2002, and
filed by the Teamster Local 223 on behalf of workers in the shop
and truck drivers employed at Active Transportation Company,
Portland Terminal, Portland, Oregon. The affected workers
provided trucking services.
The investigation revealed that the workers of the subject
firm did not produce an article within the meaning of Section
223(3) of the Trade Act of 1974. 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 performing trucking
services at the subject facility.
Conclusion
After careful review, I determine that all workers at Active
Transportation Company, Portland Terminal, Portland, Oregon, are
denied eligibility to apply for adjustment assistance under
Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 20th day of February, 2002.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-40,678
ACTIVE TRANSPORTATION COMPANY,
PORTLAND TERMINAL
PORTLAND, OREGON
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 January 28, 2002, and
filed by the Teamster Local 223 on behalf of workers in the shop
and truck drivers employed at Active Transportation Company,
Portland Terminal, Portland, Oregon. The affected workers
provided trucking services.
The investigation revealed that the workers of the subject
firm did not produce an article within the meaning of Section
223(3) of the Trade Act of 1974. 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 performing trucking
services at the subject facility.
Conclusion
After careful review, I determine that all workers at Active
Transportation Company, Portland Terminal, Portland, Oregon, are
denied eligibility to apply for adjustment assistance under
Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 20th day of February, 2002.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance