Petitioner Type: Workers
Impact Date:
Filed Date: 02/11/2003
Most Recent Update: 02/27/2003
Determination Date: 02/27/2003
Expiration Date:
Employment and Training Administration
TA-W-50,861
ANDREW CORPORATION
GLEN ROCK, PENNSYLVANIA
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 in response to a petition
received on February 11, 2003 and filed on behalf of workers at
Andrew Corporation, Glen Rock, Pennsylvania. The workers were
engaged in designing and prototyping activities.
The investigation revealed that the petitioning workers of
this firm or subdivision do not produce an article within the
meaning of Section 222(a) 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 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. 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 this firm.
Conclusion
After careful review, I determine that all workers of Andrew
Corporation, Glen Rock, Pennsylvania, 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 27th day of February 2003.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance