Petitioner Type: Workers
Impact Date:
Filed Date: 09/16/2002
Most Recent Update: 10/15/2002
Determination Date: 10/15/2002
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-42,113
THE WACKENHUT CORPORATION
SAN MANUEL, ARIZONA
Notice of Revised Determination
In the matter of Former Employees of Wackenhut Corporation
v. U.S. Secretary of Labor, No. 02-00758, the Department is
issuing a revised determination to certify workers of the subject
firm eligible to apply for trade adjustment assistance (TAA).
Workers of The Wackenhut Corporation, San Manuel, Arizona,
were working on-site at a copper cathode production facility
operated by BHP Copper, Inc. in San Manuel, Arizona. The
Wackenhut Corporation workers were denied eligibility to apply
for TAA because they provided security services for an
unaffiliated firm. All workers of BHP Copper, Inc., San Manuel,
Arizona, were certified eligible to apply for TAA.
The Department determined that The Wackenhut Corporation was
contracted by BHP Copper, Inc. to provide security services at
BHP in San Manuel, Arizona and other BHP locations. During the
contract period the leased or contract workers providing a
service (Wackenhut) remained under the control by the firm
producing the article (BHP Copper, Inc.). In accordance with a
reinterpretation of the Trade Act term workers of a firm and the
joint employer relationship that existed between Wackenhut and
BHP Copper, Inc., the Department has determined that because all
workers of BHP Copper, Inc. in San Manuel, Arizona were
certified eligible to apply for TAA, the leased or contract
employees of The Wackenhut Corporation working at that location
are also adversely affected by increased imports of copper
cathodes and the closure of the BHP facility.
Conclusion
After careful review on reconsideration, I determine that
increases of imports of articles like or directly competitive
with copper cathodes produced by BHP Copper Inc., San Manuel,
Arizona, contributed importantly to the total or partial
separation of workers and to the decline in sales or production
at that firm or subdivision.
In accordance with the provisions of the Act, I make the
following certification:
"Workers employed by The Wackenhut Corporation, working at
BHP Copper Inc., San Manuel, Arizona, who became totally or
partially separated from employment on or after September 4,
2001, through two years from the date of this determination,
are eligible to apply for adjustment assistance under
Section 223 of the Trade Act of 1974."
Signed in Washington, D.C., this 4th day of May 2004.
/s/ Linda G. Poole
_____________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-42,113
THE WACKENHUT CORPORATION
SAN MANUEL, ARIZONA
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 eligi-bility to apply for worker
adjustment assistance.
The investigation was initiated in response to a petition received on September 16, 2002,
and filed on behalf of workers at The Wackenhut Corporation, San Manuel, Arizona. The
subject firm provided leased security officers to an unaffiliated client customer.
The investigation revealed that the workers of the subject firm 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 at 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 other wise 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 providing security services at the subject firm.
Conclusion
After careful review, I determine that all workers of The Wackenhut Corporation, San
Manuel, Arizona, are denied eligibility to apply for adjustment assistance under Section 223
of the Trade Act of 1974.
Signed at Washington, D.C., this 15th day of October 2002.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-42,113
THE WACKENHUT CORPORATION
SAN MANUEL, ARIZONA
Notice of Revised Determination
In the matter of Former Employees of Wackenhut Corporation
v. U.S. Secretary of Labor, No. 02-00758, the Department is
issuing a revised determination to certify workers of the subject
firm eligible to apply for trade adjustment assistance (TAA).
Workers of The Wackenhut Corporation, San Manuel, Arizona,
were working on-site at a copper cathode production facility
operated by BHP Copper, Inc. in San Manuel, Arizona. The
Wackenhut Corporation workers were denied eligibility to apply
for TAA because they provided security services for an
unaffiliated firm. All workers of BHP Copper, Inc., San Manuel,
Arizona, were certified eligible to apply for TAA.
The Department determined that The Wackenhut Corporation was
contracted by BHP Copper, Inc. to provide security services at
BHP in San Manuel, Arizona and other BHP locations. During the
contract period the leased or contract workers providing a
service (Wackenhut) remained under the control by the firm
producing the article (BHP Copper, Inc.). In accordance with a
reinterpretation of the Trade Act term workers of a firm and the
joint employer relationship that existed between Wackenhut and
BHP Copper, Inc., the Department has determined that because all
workers of BHP Copper, Inc. in San Manuel, Arizona were
certified eligible to apply for TAA, the leased or contract
employees of The Wackenhut Corporation working at that location
are also adversely affected by increased imports of copper
cathodes and the closure of the BHP facility.
Conclusion
After careful review on reconsideration, I determine that
increases of imports of articles like or directly competitive
with copper cathodes produced by BHP Copper Inc., San Manuel,
Arizona, contributed importantly to the total or partial
separation of workers and to the decline in sales or production
at that firm or subdivision.
In accordance with the provisions of the Act, I make the
following certification:
"Workers employed by The Wackenhut Corporation, working at
BHP Copper Inc., San Manuel, Arizona, who became totally or
partially separated from employment on or after September 4,
2001, through two years from the date of this determination,
are eligible to apply for adjustment assistance under
Section 223 of the Trade Act of 1974."
Signed in Washington, D.C., this 4th day of May 2004.
/s/ Linda G. Poole
_____________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-42,113
THE WACKENHUT CORPORATION
SAN MANUEL, ARIZONA
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 eligi-bility to apply for worker
adjustment assistance.
The investigation was initiated in response to a petition received on September 16, 2002,
and filed on behalf of workers at The Wackenhut Corporation, San Manuel, Arizona. The
subject firm provided leased security officers to an unaffiliated client customer.
The investigation revealed that the workers of the subject firm 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 at 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 other wise 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 providing security services at the subject firm.
Conclusion
After careful review, I determine that all workers of The Wackenhut Corporation, San
Manuel, Arizona, are denied eligibility to apply for adjustment assistance under Section 223
of the Trade Act of 1974.
Signed at Washington, D.C., this 15th day of October 2002.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance