Petitioner Type: Workers
Impact Date:
Filed Date: 04/29/2003
Most Recent Update: 05/09/2003
Determination Date: 05/09/2003
Expiration Date:
Employment and Training Administration
TA-W-51,624
STREAM INTERNATIONAL, INC.
A SUBSIDIARY OF SOLECTRON CORPORATION
SILVER CITY, NEW MEXICO
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 April 29, 2003 in
response to a petition filed by a company official on behalf of
workers of Stream International, a subsidiary of Solectron
Corporation, Silver City, New Mexico. The workers provide
outsource technical support via telephone and internet.
The investigation revealed that the petitioning workers of
this firm or subdivision do not produce an article within the
meaning of Section 222 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.
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
Stream International, a subsidiary of Solectron Corporation,
Silver City, New Mexico 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 9th day of May 2003
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance