DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-42,314

PEARSON EDUCATION TECHNOLOGIES
A DIVISION OF NCS PEARSON
MESA, ARIZONA

TA-W-42,314A

PEARSON EDUCATION TECHNOLOGIES
A DIVISION OF NCS PEARSON
EAST LANSING, MICHIGAN

TA-W-42,314B

PEARSON EDUCATION TECHNOLOGIES
A DIVISION OF NCS PEARSON
SUNNYVALE, CALIFORNIA

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 November 1, 2002, in
response to a petition filed on behalf of workers at Pearson
Education Technologies, a division of NCS Pearson, Mesa, Arizona
(TA-W-42,314), Pearson Education Technologies, a division of NCS
Pearson, East Lansing, Michigan (TA-W-42,314A), Pearson Education
Technologies, a division of NCS Pearson, Sunnyvale, California (TA-
W-42,314B). The affected workers are engaged in employment related
to computer software design, development (programming), and
testing.


The investigation revealed that the workers of the subject
firm did 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 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 providing computer
software installation and technical support at the subject firm.


Conclusion
After careful review, I determine that all workers at Pearson
Education Technologies, a division of NCS Pearson, Mesa, Arizona
(TA-W-42,314), Pearson Education Technologies, a division of NCS
Pearson, East Lansing, Michigan (TA-W-42,314A), Pearson Education
Technologies, a division of NCS Pearson, Sunnyvale, California (TA-
W-42,314B) are denied eligibility to apply for adjustment
assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D.C. this 22nd day of January, 2003.



/s/Linda G. Poole___________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance