Petitioner Type: Workers
Impact Date:
Filed Date: 01/22/2003
Most Recent Update: 02/07/2003
Determination Date: 02/07/2003
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-50,628
XEROX CORPORATION
TELWEB EQUIPMENT CENTER
IRVING, TEXAS
Negative Determination Regarding Eligibility
To Apply For Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974, as
amended (19 USC 2273), 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 January 22, 2003, in
response to a petition filed by a State representative on behalf
of workers at the Xerox Corporation, Telweb Equipment Center,
Irving, Texas. The subject firm was a call center engaged in the
telemarketing of equipment made by the subject firm.
The investigation revealed that the petitioning workers of
this firm or subdivision do not produce an article within the
meaning of Section 222(c)(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.
Workers at the firm or subdivision 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
their firm by ownership, or a firm related by control. Addition-
ally, 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 this firm.
Conclusion
After careful review, I determine that all workers of Xerox
Corporation, Telweb Equipment Center, Irving, Texas, are denied
eligibility to apply for adjustment assistance under Section 223
of the Trade Act of 1974, as amended.
Signed in Washington, D. C. this 7th day of February 2003.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-50,628
XEROX CORPORATION
TELWEB EQUIPMENT CENTER
IRVING, TEXAS
Negative Determination Regarding Eligibility
To Apply For Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974, as
amended (19 USC 2273), 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 January 22, 2003, in
response to a petition filed by a State representative on behalf
of workers at the Xerox Corporation, Telweb Equipment Center,
Irving, Texas. The subject firm was a call center engaged in the
telemarketing of equipment made by the subject firm.
The investigation revealed that the petitioning workers of
this firm or subdivision do not produce an article within the
meaning of Section 222(c)(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.
Workers at the firm or subdivision 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
their firm by ownership, or a firm related by control. Addition-
ally, 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 this firm.
Conclusion
After careful review, I determine that all workers of Xerox
Corporation, Telweb Equipment Center, Irving, Texas, are denied
eligibility to apply for adjustment assistance under Section 223
of the Trade Act of 1974, as amended.
Signed in Washington, D. C. this 7th day of February 2003.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance