Petitioner Type: Workers
Impact Date:
Filed Date: 02/04/2002
Most Recent Update: 04/29/2002
Determination Date: 04/29/2002
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-40,741
LEAVITT COMMUNICATIONS, INC.
LINCOLNSHIRE, ILLINOIS
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 January 28, 2002, and filed on behalf of workers and
former workers at Leavitt Communications, Inc., Lincolnshire,
Illinois,. The workers are engaged in activities related to the
distribution of pagers, parts, and accessories.
The investigation revealed that the workers of Leavitt
Communications, Inc., Lincolnshire, Illinois, do not produce an
article within the meaning of Section 222(3) of the Act. The
Department of Labor has consistently determined that the perfor-
mance 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
Leavitt Communications, Inc., Lincolnshire, Illinois, are denied
eligibility to apply for adjustment assistance under Section 223
of the Trade Act of 1974.
Signed in Washington, D. C. this 29th day of April 2002.
/s/ Edward A. Tomchick
______________________________
EDWARD A. TOMCHICK
Director
Division of Trade Adjustment
Assistance
Employment and Training Administration
TA-W-40,741
LEAVITT COMMUNICATIONS, INC.
LINCOLNSHIRE, ILLINOIS
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 January 28, 2002, and filed on behalf of workers and
former workers at Leavitt Communications, Inc., Lincolnshire,
Illinois,. The workers are engaged in activities related to the
distribution of pagers, parts, and accessories.
The investigation revealed that the workers of Leavitt
Communications, Inc., Lincolnshire, Illinois, do not produce an
article within the meaning of Section 222(3) of the Act. The
Department of Labor has consistently determined that the perfor-
mance 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
Leavitt Communications, Inc., Lincolnshire, Illinois, are denied
eligibility to apply for adjustment assistance under Section 223
of the Trade Act of 1974.
Signed in Washington, D. C. this 29th day of April 2002.
/s/ Edward A. Tomchick
______________________________
EDWARD A. TOMCHICK
Director
Division of Trade Adjustment
Assistance