Petitioner Type: Union
Impact Date:
Filed Date: 08/26/2002
Most Recent Update: 09/20/2002
Determination Date: 09/20/2002
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-42,010
THE MONTGOMERY COMPANY, INC.
OPELIKA, ALABAMA
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 in response to a petition
received on August 28, 2002, and filed by the company on behalf of
workers and former workers at The Montgomery Company, Inc.,
Opelika, Alabama. The workers are engaged in activities related to
the selling of raw cotton to textile mills.
The investigation revealed that the workers of The Montgomery
Company, Inc., Opelika, Alabama do not produce an article within
the meaning of Section 222(3) of the Trade Act of 1974. The
Department of Labor has consistently determined that the perfor-
mance of services does not constitute production of an article, as
required by Section 222 of the Trade Act of 1974, and this determi-
nation has been upheld in the U. S. Court of Appeals.
Workers of 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 The
Montgomery Company, Inc., Opelika, Alabama are denied eligibility
to apply for adjustment assistance under Section 223 of the Trade
Act of 1974.
Signed in Washington, D. C. this 20th day of September 2002.
/s/ Elliott S. Kushner
_____________________________
ELLIOTT S. KUSHNER
Certifying Officer
Division of Trade Adjustment
Assistance
Employment and Training Administration
TA-W-42,010
THE MONTGOMERY COMPANY, INC.
OPELIKA, ALABAMA
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 in response to a petition
received on August 28, 2002, and filed by the company on behalf of
workers and former workers at The Montgomery Company, Inc.,
Opelika, Alabama. The workers are engaged in activities related to
the selling of raw cotton to textile mills.
The investigation revealed that the workers of The Montgomery
Company, Inc., Opelika, Alabama do not produce an article within
the meaning of Section 222(3) of the Trade Act of 1974. The
Department of Labor has consistently determined that the perfor-
mance of services does not constitute production of an article, as
required by Section 222 of the Trade Act of 1974, and this determi-
nation has been upheld in the U. S. Court of Appeals.
Workers of 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 The
Montgomery Company, Inc., Opelika, Alabama are denied eligibility
to apply for adjustment assistance under Section 223 of the Trade
Act of 1974.
Signed in Washington, D. C. this 20th day of September 2002.
/s/ Elliott S. Kushner
_____________________________
ELLIOTT S. KUSHNER
Certifying Officer
Division of Trade Adjustment
Assistance