Petitioner Type: Workers
Impact Date:
Filed Date: 07/08/2002
Most Recent Update: 08/30/2002
Determination Date: 08/30/2002
Expiration Date:
U.S. DEPARTMENT OF LABOR
EMPLOYMENT AND TRAINING ADMINISTRATION
TA-W-41,790
FLEETWOOD HOMES OF LUMBERTON
LUMBERTON, NORTH CAROLINA
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 July 8, 2002 in response
to a petition filed by a company official on behalf of workers at
Fleetwood Homes of Lumberton, Lumberton, North Carolina. Workers
sell finished manufactured homes (mobile homes).
The investigation revealed that the petitioners of Fleetwood
Homes of Lumberton 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.
Conclusion
After careful review, I determine that all workers of
Fleetwood Homes of Lumberton, Lumberton, North Carolina are
denied eligibility to apply for adjustment assistance under
Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 30th day of August 2002.
/s/ Richard Church
__________________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance
EMPLOYMENT AND TRAINING ADMINISTRATION
TA-W-41,790
FLEETWOOD HOMES OF LUMBERTON
LUMBERTON, NORTH CAROLINA
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 July 8, 2002 in response
to a petition filed by a company official on behalf of workers at
Fleetwood Homes of Lumberton, Lumberton, North Carolina. Workers
sell finished manufactured homes (mobile homes).
The investigation revealed that the petitioners of Fleetwood
Homes of Lumberton 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.
Conclusion
After careful review, I determine that all workers of
Fleetwood Homes of Lumberton, Lumberton, North Carolina are
denied eligibility to apply for adjustment assistance under
Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 30th day of August 2002.
/s/ Richard Church
__________________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance