DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-41,843

WORKERS OF GUARDSMARK
OWENSBORO, KENTUCKY
EMPLOYED AT
SUMITOMO ELECTRIC WIRING
MORGANTOWN, 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 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 22, 2002, in
response to a petition filed on behalf of workers at Guardsmark,
Owensboro, Kentucky, employed at Sumitomo Electric Wiring,
Morgantown, Kentucky. Workers performed security guard services.
The investigation revealed that the workers of the subject
firm did not produce an article within the meaning of Section
223(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 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 performing security
services at the subject facility.
Conclusion
After careful review, I determine that all workers at
Guardsmark, Owensboro, Kentucky, employed at Sumitomo Electric
Wiring, Morgantown, Kentucky, are denied eligibility to apply for
adjustment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 4th day of September 2002


/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance