Petitioner Type: Workers
Impact Date:
Filed Date: 03/04/2002
Most Recent Update: 03/11/2002
Determination Date: 03/11/2002
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-40,904
ANR PIPELINE COMPANY
DETROIT, MICHICAN
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 March 4, 2002, on behalf of workers at ANR Pipeline
Company, Detroit, Michigan. The workers are engaged in the
transportation of natural gas via its interstate pipeline network.
The investigation revealed that the petitioners of ANR
Pipeline Company, Detroit, Michigan 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 ANR Pipeline Company, Detroit, Michigan,
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 ANR Pipeline
Company, Detroit, Michigan.
Conclusion
After careful review, I determine that all workers of ANR
Pipeline Company, Detroit, Michigan, are denied eligibility to
apply for adjustment assistance under Section 223 of the Trade Act
of 1974.
Signed in Washington, D. C. this 11th day of March, 2002.
/s/ Linda G. Poole
_________________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance