Petitioner Type: Company
Impact Date:
Filed Date: 04/22/2002
Most Recent Update: 07/05/2002
Determination Date: 07/05/2002
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-41,393
TRANSYLVANIA VOCATIONAL SERVICES (TVS), Inc.
BREVARD, NORTH CAROLINA
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 22, 2002, in
response to a petition filed by a company official on behalf of
workers of Transylvania Vocational Services, (TVS), Inc.,
Brevard, North Carolina. The affected workers were engaged in
employment related to pre-employment and payroll services for a
firm in Brevard, North Carolina previously certified for worker
adjustment assistance.
The investigation revealed that 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 of
Transylvania Vocational Services, (TVS) Inc., Brevard, North
Carolina.
Conclusion
After careful review, I determine that all workers at
Transylvania Vocational Services, (TVS) Inc., Brevard, North
Carolina, are denied eligibility to apply for adjustment
assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 5th day of July, 2002.
/s/ Edward A. Tomchick
______________________________
EDWARD A. TOMCHICK
Director, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-41,393
TRANSYLVANIA VOCATIONAL SERVICES (TVS), Inc.
BREVARD, NORTH CAROLINA
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 22, 2002, in
response to a petition filed by a company official on behalf of
workers of Transylvania Vocational Services, (TVS), Inc.,
Brevard, North Carolina. The affected workers were engaged in
employment related to pre-employment and payroll services for a
firm in Brevard, North Carolina previously certified for worker
adjustment assistance.
The investigation revealed that 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 of
Transylvania Vocational Services, (TVS) Inc., Brevard, North
Carolina.
Conclusion
After careful review, I determine that all workers at
Transylvania Vocational Services, (TVS) Inc., Brevard, North
Carolina, are denied eligibility to apply for adjustment
assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 5th day of July, 2002.
/s/ Edward A. Tomchick
______________________________
EDWARD A. TOMCHICK
Director, Division of
Trade Adjustment Assistance