Petitioner Type: Workers
Impact Date:
Filed Date: 03/11/2002
Most Recent Update: 07/22/2002
Determination Date: 07/22/2002
Expiration Date:
Employment and Training Administration
TA-W-41,000
ADVANCED SERVICES, INC.
A SUBSIDIARY OF GENERAL ELECTRIC APPLIANCES
MEMPHIS, TENNESSEE
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 on March 11, 2002, in
response to a petition filed on behalf of workers of Advanced
Services, Inc., a Subsidiary of General Electric Appliances,
Memphis, Tennessee. The affected workers were engaged in
employment related to customer service and receiving inbound
customer telephone calls regarding General Electric appliances.
The company official reported that the workers of the
subject firm did not produce an article within the meaning of
Section 222(3) of the Trade Act of 1974. The Department of Labor
has consistently determined that the performance of services does
not constitute production of an article, as required by the Trade
Act of 1974, and this determination has been upheld in the U. S.
Court of Appeals.
Workers of the subject facility 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 receiving inbound
customer telephone calls regarding medical equipment at Advanced
Services, Inc., a Subsidiary of General Electric Appliances,
Memphis, Tennessee.
Conclusion
After careful review, I determine that all workers at
Advanced Services, Inc., a Subsidiary of General Electric
Appliances, Memphis, Tennessee, are denied eligibility to apply
for adjustment assistance under Section 223 of the Trade Act of
1974.
Signed in Washington, D. C. this 22nd day of July, 2002
/s/ Curtis K. Kooser
______________________________
CURTIS K. KOOSER
Certifying Officer, Division of
Trade Adjustment Assistance