Petitioner Type: Union
Impact Date:
Filed Date: 09/16/2002
Most Recent Update: 10/23/2002
Determination Date: 10/23/2002
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-42,124
NORFOLK SOUTHERN RAILWAY COMPANY
HOLLIDAYSBURG CAR SHOP
HOLLIDAYSBURG, PENNSYLVANIA
Negative Determination Regarding Eligibility
To Apply For Worker Adjustment Assistance
In accordance with Section 222 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 September 16, 2002 and filed on behalf of workers at
Norfolk Southern Railway Company, Hollidaysburg Car Shop,
Hollidaysburg, Pennsylvania. The workers performed railway car
repair work.
The investigation revealed that the workers of Norfolk
Southern Railway Company, Hollidaysburg Car Shop, Hollidaysburg,
Pennsylvania 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. Therefore, workers of Norfolk Southern Railway
Company, Hollidaysburg Car Shop, Hollidaysburg, Pennsylvania 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. In any case, 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 Norfolk Southern
Railway Company, Hollidaysburg Car Shop, Hollidaysburg,
Pennsylvania.
Conclusion
After careful review, I determine that all workers of Norfolk
Southern Railway Company, Hollidaysburg Car Shop, Hollidaysburg,
Pennsylvania are denied eligibility to apply for adjustment
assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 23rd day of October, 2002
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-42,124
NORFOLK SOUTHERN RAILWAY COMPANY
HOLLIDAYSBURG CAR SHOP
HOLLIDAYSBURG, PENNSYLVANIA
Negative Determination Regarding Eligibility
To Apply For Worker Adjustment Assistance
In accordance with Section 222 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 September 16, 2002 and filed on behalf of workers at
Norfolk Southern Railway Company, Hollidaysburg Car Shop,
Hollidaysburg, Pennsylvania. The workers performed railway car
repair work.
The investigation revealed that the workers of Norfolk
Southern Railway Company, Hollidaysburg Car Shop, Hollidaysburg,
Pennsylvania 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. Therefore, workers of Norfolk Southern Railway
Company, Hollidaysburg Car Shop, Hollidaysburg, Pennsylvania 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. In any case, 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 Norfolk Southern
Railway Company, Hollidaysburg Car Shop, Hollidaysburg,
Pennsylvania.
Conclusion
After careful review, I determine that all workers of Norfolk
Southern Railway Company, Hollidaysburg Car Shop, Hollidaysburg,
Pennsylvania are denied eligibility to apply for adjustment
assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 23rd day of October, 2002
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance