Petitioner Type: Union
Impact Date:
Filed Date: 06/17/2002
Most Recent Update: 07/11/2002
Determination Date: 07/11/2002
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-41,672
VMV PADUCAHBILT
VMV ENTERPRISES
PADUCAH, KENTUCKY
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 U.S. Department of Labor herein
presents the results of an investigation regarding certification
of eligibility to apply for worker adjustment assistance.
In order to make an affirmative determination and issue a
certification of eligibility to apply for adjustment assistance,
each of the group eligibility requirements of Section 222 of the
Act must be met.
The investigation was initiated on June 17, 2002 in response
to a petition filed by the International Brotherhood of
Electrical Workers, Local 475, and the International Association
of Machinists and Aerospace Workers on behalf of workers at VMV
Paducahbilt, VMV Enterprises, Paducahbilt, Kentucky.
The subject company is a service company that repairs and
services locomotives, traction motors, and diesel engines.
The investigation revealed that the petitioners of VMV
Paducahbilt 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 of 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 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.
Currently, a NAFTA-TAA petition investigation is pending on
behalf of the workers at the subject company, NAFTA-6243.
Conclusion
After careful review, I determine that all workers of VMV
Paducahbilt, VMV Enterprises, Paducahbilt, Kentucky are denied
eligibility to apply for adjustment assistance under Section 223
of the Trade Act of 1974.
Signed in Washington, D. C. this 11th day of July 2002.
/s/Edward A. Tomchick______
EDWARD A. TOMCHICK
Director, Division of Trade
Adjustment Assistance
Employment and Training Administration
TA-W-41,672
VMV PADUCAHBILT
VMV ENTERPRISES
PADUCAH, KENTUCKY
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 U.S. Department of Labor herein
presents the results of an investigation regarding certification
of eligibility to apply for worker adjustment assistance.
In order to make an affirmative determination and issue a
certification of eligibility to apply for adjustment assistance,
each of the group eligibility requirements of Section 222 of the
Act must be met.
The investigation was initiated on June 17, 2002 in response
to a petition filed by the International Brotherhood of
Electrical Workers, Local 475, and the International Association
of Machinists and Aerospace Workers on behalf of workers at VMV
Paducahbilt, VMV Enterprises, Paducahbilt, Kentucky.
The subject company is a service company that repairs and
services locomotives, traction motors, and diesel engines.
The investigation revealed that the petitioners of VMV
Paducahbilt 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 of 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 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.
Currently, a NAFTA-TAA petition investigation is pending on
behalf of the workers at the subject company, NAFTA-6243.
Conclusion
After careful review, I determine that all workers of VMV
Paducahbilt, VMV Enterprises, Paducahbilt, Kentucky are denied
eligibility to apply for adjustment assistance under Section 223
of the Trade Act of 1974.
Signed in Washington, D. C. this 11th day of July 2002.
/s/Edward A. Tomchick______
EDWARD A. TOMCHICK
Director, Division of Trade
Adjustment Assistance