DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-41,746

KELLY TECHNICAL SERVICES
A CONTRACTOR FOR LTV STEEL
INDEPENDENCE, OHIO

Negative Determination Regarding Eligibility
To Apply for Worker Adjustment AssistanceD
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 July 1, 2002 in response
to a petition filed on behalf of workers at Kelly Technical
Services, a contractor for LTV Steel, Independence, Ohio. The
subject group of workers performed secretarial and employee-
counseling services.
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, 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 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. These
conditions have not been met for workers of Kelly Technical
Services performing secretarial or employee-counseling services
at LTV Steel.
Conclusion
After careful review, I determine that all workers of Kelly
Technical Services, a contractor for LTV Steel, Independence,
Ohio, are denied eligibility to apply for adjustment assistance
under Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 26th day of August, 2002
/s/ Linda G. Poole
__________________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance