DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-41,518

UNITED ELECTRIC COMPANY
VIRGINIA, MINNESOTA

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 eligi-
bility to apply for worker adjustment assistance.
The investigation was initiated in response to a petition
received on May 13, 2002, and filed by a company official on
behalf of workers at United Electric Company, Virginia, Minne-
sota. The workers are sales personnel who are not engaged in the
manufacture or production of any products. They perform
wholesale selling activities only.
The investigation revealed that the workers of the subject
firm 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 required by Section 222 of the Trade
Act of 1974, and this determination has been upheld in the U.S.
Court of Appeals.


Workers at the 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 other wise 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
United Electric Company, Virginia, Minnesota are denied
eligibility to apply for adjustment assistance under Section 22
of the Trade Act of 1974.
Signed at Washington, D.C., this 16th day of August 2002
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance