DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-51,625

MOTOROLA, INC.
IDEN RADIO SUPPORT CENTER
ELGIN, ILLINOIS

Notice of Negative Determination
Regarding Application for Reconsideration

By application of June 21, 2003, a petitioner 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
Motorola, Inc., iDen Radio Support Center, Elgin, Illinois was
signed on May 20, 2003, and published in the Federal Register on
June 3, 2003 (68 FR 33195).
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 Motorola,
Inc., iDen Radio Support Center, Elgin, Illinois engaged in
activities related to the repair of iDEN cellular radios. The
petition was denied because the petitioning workers did not
produce an article within the meaning of Section 222 of the Act.
The petitioner questions why the repair work performed at
the subject facility does not constitute production.
The Department of Labor, has consistently considered repair
work a “service”. Further, the North American Industrial
Classification System (NAICS), is a standard used by the
Department to categorize products and services. Both the 1997 and
2002 editions of the NAICS designate the repair of telephones and
two-way radios as classified within a code that signifies
services (specifically NAICS 811213).
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 July, 2003.
/s/ Elliott S. Kushner
___________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance