Petitioner Type: Workers
Impact Date:
Filed Date: 05/20/2002
Most Recent Update: 07/19/2002
Determination Date: 07/19/2002
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-41,572
RMH TELESERVICES, INC.
SCRANTON, PENNSYLVANIA
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 May 20, 2002, and filed on behalf of workers and former
workers at RMH Teleservices, Inc., Scranton, Pennsylvania. The
workers are engaged in activities related to selling insurance by
telephone.
The investigation revealed that the workers of RMH
Teleservices, Inc., Scranton, Pennsylvania, do 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 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 RMH
Teleservices, Inc., Scranton, Pennsylvania, are denied eligibility
to apply for adjustment assistance under Section 223 of the Trade
Act of 1974.
Signed in Washington, D. C. this 19th day of July 2002.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer
Division of Trade Adjustment
Assistance
Employment and Training Administration
TA-W-41,572
RMH TELESERVICES, INC.
SCRANTON, PENNSYLVANIA
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 May 20, 2002, and filed on behalf of workers and former
workers at RMH Teleservices, Inc., Scranton, Pennsylvania. The
workers are engaged in activities related to selling insurance by
telephone.
The investigation revealed that the workers of RMH
Teleservices, Inc., Scranton, Pennsylvania, do 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 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 RMH
Teleservices, Inc., Scranton, Pennsylvania, are denied eligibility
to apply for adjustment assistance under Section 223 of the Trade
Act of 1974.
Signed in Washington, D. C. this 19th day of July 2002.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer
Division of Trade Adjustment
Assistance