Petitioner Type: Workers
Impact Date:
Filed Date: 04/22/2002
Most Recent Update: 05/29/2002
Determination Date: 05/29/2002
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-41,375
WOLVERINE, PROCTOR & SCHWARTZ, INC.
DIVISION OF AMERICAN TOOL & MACHINE CO.
FITCHBURG, MASSACHUSETTS
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 April 22, 2002, and filed on behalf of workers and
former workers at Wolverine, Proctor & Schwartz, Inc., Division
of American Tool & Machine Co., Fitchburg, Massachusetts. The
workers are engaged in activities related to the repair of paper
mill machinery.
The investigation revealed that the workers of Wolverine,
Proctor & Schwartz, Inc., Division of American Tool & Machine
Co., Fitchburg, Massachusetts, do not produce an article within
the meaning of Section 222(3) of the Act. The Department of
Labor has consistently determined that the performance of
services does not constitute production of an article, as re-
quired by Section 222 of the Trade Act of 1974, and this
determination has been upheld in the U. S. Court of Appeals.
Workers of subject firm 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 at the subject firm.
Conclusion
After careful review, I determine that all workers of
Wolverine, Proctor & Schwartz, Inc., Division of American Tool &
Machine Co., Fitchburg, Massachusetts, 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 May 2002.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer
Division of Trade Adjustment
Assistance
Employment and Training Administration
TA-W-41,375
WOLVERINE, PROCTOR & SCHWARTZ, INC.
DIVISION OF AMERICAN TOOL & MACHINE CO.
FITCHBURG, MASSACHUSETTS
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 April 22, 2002, and filed on behalf of workers and
former workers at Wolverine, Proctor & Schwartz, Inc., Division
of American Tool & Machine Co., Fitchburg, Massachusetts. The
workers are engaged in activities related to the repair of paper
mill machinery.
The investigation revealed that the workers of Wolverine,
Proctor & Schwartz, Inc., Division of American Tool & Machine
Co., Fitchburg, Massachusetts, do not produce an article within
the meaning of Section 222(3) of the Act. The Department of
Labor has consistently determined that the performance of
services does not constitute production of an article, as re-
quired by Section 222 of the Trade Act of 1974, and this
determination has been upheld in the U. S. Court of Appeals.
Workers of subject firm 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 at the subject firm.
Conclusion
After careful review, I determine that all workers of
Wolverine, Proctor & Schwartz, Inc., Division of American Tool &
Machine Co., Fitchburg, Massachusetts, 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 May 2002.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer
Division of Trade Adjustment
Assistance