Petitioner Type: Workers
Impact Date:
Filed Date: 03/25/2002
Most Recent Update: 04/10/2002
Determination Date: 04/10/2002
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-41,145
US ECOLOGY-IDAHO
A DIVISION OF AMERICAN ECOLOGY CORPORATION
STERLING, ILLINOIS
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 25, 2002, in
response to a petition filed by workers of US Ecology-Idaho, a
Division of American Ecology Corporation, Sterling, Illinois.
The affected workers were engaged in employment related to
providing waste processing of hazardous material.
The investigation revealed that the workers of the subject
firm did not produce an article within the meaning of Section
223(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 performing waste
processing of hazardous materials at the subject plant.
Conclusion
After careful review, I determine that all workers at US
Ecology-Idaho, a Division of American Ecology Corporation,
Sterling, Illinois, are denied eligibility to apply for
adjustment assistance under Section 223 of the Trade Act of
1974.
Signed in Washington, D. C. this 10th day of April, 2002
/s/ Edward A. Tomchick
______________________________
EDWARD A. TOMCHICK
Director, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-41,145
US ECOLOGY-IDAHO
A DIVISION OF AMERICAN ECOLOGY CORPORATION
STERLING, ILLINOIS
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 25, 2002, in
response to a petition filed by workers of US Ecology-Idaho, a
Division of American Ecology Corporation, Sterling, Illinois.
The affected workers were engaged in employment related to
providing waste processing of hazardous material.
The investigation revealed that the workers of the subject
firm did not produce an article within the meaning of Section
223(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 performing waste
processing of hazardous materials at the subject plant.
Conclusion
After careful review, I determine that all workers at US
Ecology-Idaho, a Division of American Ecology Corporation,
Sterling, Illinois, are denied eligibility to apply for
adjustment assistance under Section 223 of the Trade Act of
1974.
Signed in Washington, D. C. this 10th day of April, 2002
/s/ Edward A. Tomchick
______________________________
EDWARD A. TOMCHICK
Director, Division of
Trade Adjustment Assistance