DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-50,910

MANAGED BUSINESS SOLUTIONS
FORT COLLINS, COLORADO

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 February 14, 2003, in
response to a petition filed by a company official on behalf of
workers of Managed Business Solutions, Fort Collins, Colorado.
The affected workers were engaged in employment related to
custom software programming and software enhancements.


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 at the subject firm.
Conclusion
After careful review, I determine that all workers at
Managed Business Solutions, Fort Collins, Colorado are denied
eligibility to apply for adjustment assistance under Section 223
of the Trade Act of 1974.
Signed in Washington, D.C. this 28th day of February 2003.


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