Petitioner Type: Union
Impact Date:
Filed Date: 06/24/2002
Most Recent Update: 08/21/2002
Determination Date: 08/21/2002
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-41,693
GREAT LAKES FLEET, INC.
A WHOLLY OWNED SUBSIDIARY OF GREAT LAKES TRANSPORTATION, LLC
DULUTH, 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
eligibility to apply for worker adjustment assistance.
The investigation was initiated on June 24, 2002 in response
to a petition filed by the United Steelworkers of America, Local
14913, on behalf of workers of Great Lakes Fleet, Inc., a wholly
owned subsidiary of Great Lakes Transportation Duluth, Minnesota.
The affected workers were engaged in employment related to marine
transportation of bulk materials, such as limestone, iron ore, salt
or sand.
The investigation revealed that the workers of the subject
firm do not produce an article within the meaning of Section 222(3)
of the Trade Act, as amended. 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 at the subject firm.
A petition for NAFTA-Transitional Adjustment Assistance has
been filed on behalf of workers at the subject firm (NAFTA-6296).
Conclusion
After careful review, I determine that all workers at Great
Lakes Fleet, Inc., a wholly owned subsidiary of Great Lakes
Transportation Duluth, Minnesota engaged in employment related to
marine transportation services, are denied eligibility to apply for
adjustment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D.C. this 21st day of August, 2002.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance