Petitioner Type: Company
Impact Date:
Filed Date: 04/29/2002
Most Recent Update: 05/13/2002
Determination Date: 05/13/2002
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-41,411
HOLIDAY PRODUCTS, INC.
EL PASO, TEXAS
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 29, 2002, in
response to a petition filed on behalf of workers at Holiday
Products, Inc., El Paso, Texas. Workers perform distribution
services of Christmas articles.
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 performing distribution
services at the subject facility.
Conclusion
After careful review, I determine that all workers at
Holiday Products, Inc., El Paso, Texas, are denied eligibility
to apply for adjustment assistance under Section 223 of the
Trade Act of 1974.
Signed in Washington, D. C. this 13th day of May, 2002.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-41,411
HOLIDAY PRODUCTS, INC.
EL PASO, TEXAS
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 29, 2002, in
response to a petition filed on behalf of workers at Holiday
Products, Inc., El Paso, Texas. Workers perform distribution
services of Christmas articles.
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 performing distribution
services at the subject facility.
Conclusion
After careful review, I determine that all workers at
Holiday Products, Inc., El Paso, Texas, are denied eligibility
to apply for adjustment assistance under Section 223 of the
Trade Act of 1974.
Signed in Washington, D. C. this 13th day of May, 2002.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance