Petitioner Type: Workers
Impact Date:
Filed Date: 03/19/2003
Most Recent Update: 04/22/2003
Determination Date: 04/22/2003
Expiration Date:
Employment and Training Administration
TA-W-51,210
INTEL CORPORATION
ETHERNET SWITCHING OPERATIOS (ESO)
SANTA CLARA, CALIFORNIA
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 March 18, 2003 and filed on behalf of workers at
Intel Corporation, Ethernet Switching Operations (ESO), Santa
Clara, California. The workers are engaged in activities related
to design [engineering], and marketing relating to the
development of switching silicon for the enterprise server and
infrastructure market.
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 that 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 Intel
Corporation, Ethernet Switching Operations (ESO), Santa Clara,
California 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 22nd day of April 2003.
/s/Elliott S. Kushner
___________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance