Petitioner Type: Company
Impact Date:
Filed Date: 11/01/2002
Most Recent Update: 12/16/2002
Determination Date: 12/16/2002
Expiration Date:
Employment and Training Administration
TA-W-42,328
STRATEX NETWORKS, INC.
SAN JOSE, 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.
In order to make an affirmative determination and issue a
certification of eligibility to apply for adjustment assistance,
each of the group eligibility requirements of Section 222 of the
Act must be met:
(1) that a significant number or proportion of the workers
in the workers' firm, or an appropriate subdivision
thereof, have become totally or partially separated,
or are threatened to become totally or partially
separated;
(2) that sales or production, or both, of the firm or
subdivision have decreased absolutely; and
(3) that increases of imports of articles like or directly
competitive with articles produced by the firm or
appropriate subdivision have contributed importantly
to the separations, or threat thereof, and to the
absolute decline in sales or production.
The investigation was initiated on October 9, 2002 in
response to a petition filed on behalf of the workers at Stratex
Networks, San Jose, California. The workers produce digital
microwave radio equipment.
The investigation revealed that criterion (3) has not been
met.
The investigation also revealed that from 2000 through 2001
and in the months of January through October 2001 and 2002 the
subject firm did not increase imports of digital microwave radio
equipment.
The Department of Labor surveyed the subject firm's major
domestic customers regarding their purchases of digital
microwave radio equipment. The survey revealed no imports of
digital microwave radio equipment.
Conclusion
After careful review, I determine that all workers at
Stratex Networks, San Jose, California, are denied eligibility
to apply for adjustment assistance under Section 223 of the
Trade Act of 1974.
Signed in Washington, D.C. this 16th day of December, 2002.
/s/Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance