Petitioner Type: Workers
Impact Date:
Filed Date: 02/11/2002
Most Recent Update: 07/25/2002
Determination Date: 07/25/2002
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-40,802
GEOTEMPS
HURLEY, NEW MEXICO
Negative Determination Regarding Eligibility
To Apply For Worker Adjustment Assistance
In accordance with Section 222 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 eligi-
bility to apply for worker adjustment assistance.
The investigation was initiated in response to a petition received
on February 11, 2002 and filed on behalf of workers at Geotemps,
Hurley, New Mexico. The petition was filed on behalf of workers who
provided sample and assay services to Phelps Dodge Corporation,
Chino Mines Company.
The investigation revealed that the workers of Geotemps,
Hurley, New Mexico do not produce an article within the meaning of
Section 222(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 Geotemps, 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 Geotemps,
Hurley, New Mexico.
Conclusion
After careful review, I determine that all workers of
Geotemps, Hurley, New Mexico 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 July, 2002
/s/ Edward A. Tomchick
______________________________
EDWARD A. TOMCHICK
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-40,802
GEOTEMPS
HURLEY, NEW MEXICO
Negative Determination Regarding Eligibility
To Apply For Worker Adjustment Assistance
In accordance with Section 222 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 eligi-
bility to apply for worker adjustment assistance.
The investigation was initiated in response to a petition received
on February 11, 2002 and filed on behalf of workers at Geotemps,
Hurley, New Mexico. The petition was filed on behalf of workers who
provided sample and assay services to Phelps Dodge Corporation,
Chino Mines Company.
The investigation revealed that the workers of Geotemps,
Hurley, New Mexico do not produce an article within the meaning of
Section 222(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 Geotemps, 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 Geotemps,
Hurley, New Mexico.
Conclusion
After careful review, I determine that all workers of
Geotemps, Hurley, New Mexico 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 July, 2002
/s/ Edward A. Tomchick
______________________________
EDWARD A. TOMCHICK
Certifying Officer, Division of
Trade Adjustment Assistance