DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-41,254

COOPER LIGHTING
A DIVISION OF COOPER INDUSTRIES
ELK GROVE VILLAGE, 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 April 8, 2002, in response
to a petition filed by the International Brotherhood of Electrical
Workers, Local 134 on behalf of workers of Cooper Lighting, a
division of Cooper Industries, Elk Grove Village, Illinois. The
affected workers were engaged in employment related to the
distribution of lighting fixtures.


The investigation revealed that since January 2001, 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 performing distribution
services of lighting fixtures at the subject firm.
Conclusion
After careful review, I determine that all workers at Cooper
Lighting, a division of Cooper Industries, Elk Grove Village,
Illinois is denied eligibility to apply for adjustment assistance
under Section 223 of the Trade Act of 1974.
Signed in Washington, D.C. this 9th day of October, 2002.




/s/Linda G. Poole____________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance