Petitioner Type: State
Impact Date:
Filed Date: 01/06/2003
Most Recent Update: 01/17/2003
Determination Date: 01/17/2003
Expiration Date:
Employment and Training Administration
TA-W-50,494
MANUFACTURERS' SERVICES LIMITED (MSL)
ARDEN HILLS, MINNESOTA
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, the Department of Labor herein presents the
results of an investigation regarding certification of eligibility
to apply for worker adjustment assistance as an adversely affected
secondary group.
An investigation was conducted in order to determine whether
the petitioning group of workers qualify as adversely affected
secondary workers acting as downstream producers for a firm or
subdivision primarily affected by increased imports from Canada or
Mexico or a shift of production to Canada or Mexico.
In order to make an affirmative determination and issue a
certification of eligibility to apply for adjustment assistance,
the following group eligibility requirements under Section 222(b)
must be met:
(1) a significant number or proportion of the workers in the
workers' firm or an appropriate subdivision of the firm
have become totally or partially separated, or are
threatened to become totally or partially separated;
(2) the workers' firm (or subdivision) is a supplier or
downstream producer to a firm (or subdivision) that
employed a group of workers who received a certification
of eligibility to apply for trade adjustment assistance
benefits and such supply or production is related to the
article that was the basis for such certification; and
(3) either—
(A) the workers' firm is a supplier and the component
parts it supplied for the firm (or subdivision)
described in paragraph (2) accounted for at least 20
percent of the production or sales of the workers' firm;
or
(B) a loss of business by the workers' firm with the
firm (or subdivision) described in paragraph (2)
contributed importantly to the workers' separation or
threat of separation.
The investigation was initiated on January 6, 2003, in
response to a petition filed by a state agency on behalf of
workers of Manufacturers' Services Limited (MSL), Arden Hills,
Minnesota. The workers at the subject firm produce various
electronics equipment.
The investigation revealed that criterion (2) has not been
met.
The petitioner alleges that job losses were due to the
subject firm losing business as a downstream producer for a firm
that has increased imports from Canada or Mexico or shifted
production to Canada or Mexico. The investigation revealed,
however, that was not the case.
The subject firm has not produced electronics equipment for
the primary firms identified in the petition since April, 2001.
Conclusion
After careful review, I determine that all workers at
Manufacturers' Services Limited (MSL), Arden Hills, Minnesota, are
denied eligibility to apply for adjustment assistance under
section 223(b) of the Trade Act of 1974 as amended.
Signed at Washington, D.C., this 17th day of January, 2003.
/s/Linda G. Poole___
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance