DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-40,750
MID AMERICA BUILDING MAINTENANCE, INC.
HURLEY, 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 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 February 4, 2002, and filed on behalf of workers at Mid
America Building Maintenance, Inc., Hurley, New Mexico. The
workers are engaged in janitorial services.
The investigation revealed that the petitioners of Mid America
Building Maintenance, Inc., Hurley, 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.



Therefore, workers of Mid America Building Maintenance, Inc.,
Hurley, New Mexico, 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 Mid America Building Maintenance, Inc., Hurley, New
Mexico.
Conclusion
After careful review, I determine that all workers of Mid
America Building Maintenance, Inc., Hurley, New Mexico, 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 19th day of February, 2002.
/s/ Linda G. Poole
____________________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance