Petitioner Type: Workers
Impact Date:
Filed Date: 10/07/2002
Most Recent Update: 11/14/2002
Determination Date: 11/14/2002
Expiration Date:
Employment and Training Administration
TA-W-42,215
AGILENT TECHNOLOGIES
COLORADO SPRINGS, COLORADO
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 October 7, 2002, on behalf of workers at Agilent
Technologies, Colorado Springs, Colorado. The workers are engaged
in a variety of services including accounts payable,
reimbursements, travel accounting, accounts receivable,
collections, general accounting, general ledger, payroll accounting
and project management.
The investigation further revealed that the workers of Agilent
Technologies, Colorado Springs, Colorado 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
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 Agilent Technologies,
Colorado Springs, Colorado.
Conclusion
After careful review, I determine that all workers of Agilent
Technologies, Colorado Springs, Colorado who were engaged in
providing a service are denied eligibility to apply for adjustment
assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 14th day of November 2002.
/s/ Richard Church
_________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance