DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-51,037

JABIL GLOBAL SERVICES, INC.
TAMPA, FLORIDA

Notice of Negative Determination
Regarding Application for Reconsideration

By application of April 24, 2003, a company official
requested administrative reconsideration of the Department's
negative determination regarding eligibility for workers and
former workers of the subject firm to apply for Trade Adjustment
Assistance (TAA). The denial notice applicable to workers of
Jabil Global Services, Inc., Tampa, Florida was signed on March
26, 2003, and published in the Federal Register on April 7, 2003
(68 FR 16834).
Pursuant to 29 CFR 90.18(c) reconsideration may be granted
under the following circumstances:
(1) If it appears on the basis of facts not previously
considered that the determination complained of
was erroneous;
(2) if it appears that the determination complained of
was based on a mistake in the determination of facts
not previously considered; or
(3) if in the opinion of the Certifying Officer, a mis-
interpretation of facts or of the law justified
reconsideration of the decision.
The TAA petition was filed on behalf of workers at Jabil
Global Services, Inc., Tampa, Florida engaged in computer
refurbishment (i.e., repair, rebuild, and overhaul) services.
The petition was denied because the petitioning workers did not
produce an article within the meaning of Section 222(3) of the
Act.
The petitioners allege that repair and rebuilding performed
by the subject firm workers constitutes production because the
warranty that covered this repair was part of the “new buy price”
of computers initially produced by the firm that the subject firm
performs contract work for.
Repair and refurbishment of products already purchased does
not constitute production within the context of eligibility
requirements for trade adjustment assistance.
The company official seemed to imply that the subject firm
provided “value added services” to computer parts through
upgrades to circuitry to address specific design problems “that
were related to the original design problems.”
A clarifying call to the company official confirmed that
upgrades on these computer and/or components were covered by a
warranty and are thus do not concern products that are for sale.
Only in very limited instances are service workers certified
for TAA, namely the worker separations must be caused by a
reduced demand for their services from a parent or controlling
firm or subdivision whose workers produce an article and who are
currently under certification for TAA.
Conclusion
After review of the application and investigative findings,
I conclude that there has been no error or misinterpretation of
the law or of the facts which would justify reconsideration of
the Department of Labor's prior decision. Accordingly, the
application is denied.

Signed at Washington, D.C., this 18th day of June, 2003.
/s/ Elliott S. Kushner

___________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance