Petitioner Type: Workers
Impact Date:
Filed Date: 03/25/2002
Most Recent Update: 03/29/2002
Determination Date: 03/29/2002
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-41,146
VOEST-ALPINE INDUSTRIES, INC.
A SUBSIDIARY OF VA TECH
CANONSBURG, PENNSYLVANIA
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 on behalf of workers of Voest-Alpine
Industries, Inc., a subsidiary of VA Tech, Canonsburg,
Pennsylvania. Workers of the subject firm provide various
engineering services to the metallurgical industry.
The investigation revealed that the workers of the subject
firm did not produce an article within the meaning of Section
250(a) of the Trade Act, as amended. 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 of the subject firm
providing various engineering services to the metallurgical
industry.
Conclusion
After careful review, I determine that all workers at Voest-
Alpine Industries, Inc., a subsidiary of VA Tech, Canonsburg,
Pennsylvania, engaged in employment related to the providing of
various engineering services to the metallurgical industry, are
denied eligibility to apply for adjustment assistance under Section
223 of the Trade Act of 1974.
Signed in Washington, D.C. this 29th day of March, 2002.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-41,146
VOEST-ALPINE INDUSTRIES, INC.
A SUBSIDIARY OF VA TECH
CANONSBURG, PENNSYLVANIA
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 on behalf of workers of Voest-Alpine
Industries, Inc., a subsidiary of VA Tech, Canonsburg,
Pennsylvania. Workers of the subject firm provide various
engineering services to the metallurgical industry.
The investigation revealed that the workers of the subject
firm did not produce an article within the meaning of Section
250(a) of the Trade Act, as amended. 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 of the subject firm
providing various engineering services to the metallurgical
industry.
Conclusion
After careful review, I determine that all workers at Voest-
Alpine Industries, Inc., a subsidiary of VA Tech, Canonsburg,
Pennsylvania, engaged in employment related to the providing of
various engineering services to the metallurgical industry, are
denied eligibility to apply for adjustment assistance under Section
223 of the Trade Act of 1974.
Signed in Washington, D.C. this 29th day of March, 2002.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance