Petitioner Type: Workers
Impact Date:
Filed Date: 03/25/2002
Most Recent Update: 04/15/2002
Determination Date: 04/15/2002
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-41,134
N. J. PETTERSON, INC.
MENTOR, OHIO
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 25, 2002, and filed on behalf of workers at N. J.
Petterson, Inc., Mentor, Ohio. The workers provide software
consulting services to the steel industry.
The investigation revealed that the petitioners of N. J.
Petterson, Inc., Mentor, Ohio 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 N. J. Petterson, Inc., Mentor, Ohio 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 N. J. Petterson,
Inc., Mentor, Ohio.
Conclusion
After careful review, I determine that all workers of N. J.
Petterson, Inc., Mentor, Ohio are denied eligibility to apply for
adjustment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 15th day of April, 2002.
/s/ Linda G. Poole
_____________________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-41,134
N. J. PETTERSON, INC.
MENTOR, OHIO
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 25, 2002, and filed on behalf of workers at N. J.
Petterson, Inc., Mentor, Ohio. The workers provide software
consulting services to the steel industry.
The investigation revealed that the petitioners of N. J.
Petterson, Inc., Mentor, Ohio 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 N. J. Petterson, Inc., Mentor, Ohio 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 N. J. Petterson,
Inc., Mentor, Ohio.
Conclusion
After careful review, I determine that all workers of N. J.
Petterson, Inc., Mentor, Ohio are denied eligibility to apply for
adjustment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 15th day of April, 2002.
/s/ Linda G. Poole
_____________________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance