Petitioner Type: Company
Impact Date:
Filed Date: 02/04/2002
Most Recent Update: 03/25/2002
Determination Date: 03/25/2002
Expiration Date:
U.S. DEPARTMENT OF LABOR
EMPLOYMENT AND TRAINING ADMINISTRATION
TA-W-40,734
MODULAR MINING SYSTEMS, INC.
TUCSON, ARIZONA
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 February 4, 2002 in
response to a petition filed by a company official on behalf of
workers at Modular Mining Systems, Inc., Tucson, Arizona.
The subject company provides computer and operation
efficiency services to their clients, mining companies.
The investigation revealed that the petitioners of Modular
Mining Systems, Inc. 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
Modular Mining Systems, Inc., Tucson, Arizona are denied
eligibility to apply for adjustment assistance under Section 223
of the Trade Act of 1974.
Signed in Washington, D. C. this 25th day of March 2002.
/s/ Edward A. Tomchick
_____________________________
Edward A. Tomchick
Director
Division of Trade Adjustment
Assistance
EMPLOYMENT AND TRAINING ADMINISTRATION
TA-W-40,734
MODULAR MINING SYSTEMS, INC.
TUCSON, ARIZONA
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 February 4, 2002 in
response to a petition filed by a company official on behalf of
workers at Modular Mining Systems, Inc., Tucson, Arizona.
The subject company provides computer and operation
efficiency services to their clients, mining companies.
The investigation revealed that the petitioners of Modular
Mining Systems, Inc. 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
Modular Mining Systems, Inc., Tucson, Arizona are denied
eligibility to apply for adjustment assistance under Section 223
of the Trade Act of 1974.
Signed in Washington, D. C. this 25th day of March 2002.
/s/ Edward A. Tomchick
_____________________________
Edward A. Tomchick
Director
Division of Trade Adjustment
Assistance