Petitioner Type: Workers
Impact Date:
Filed Date: 06/05/2003
Most Recent Update: 06/19/2003
Determination Date: 06/19/2003
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-51,954
FACILITY PRO
ALLENTOWN, PENNSYLVANIA
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 June 5, 2003, in response
to a petition filed on behalf of workers at Facility Pro,
Allentown, Pennsylvania. The workers at the subject facility
provide clerical mailroom support and are engaged in receiving,
shipping, material delivery, storeroom operation, mailroom and
reproduction services.
The investigation revealed that Facility Pro has its
headquarters in Dublin, Ohio, but the worker group seeking
certification work at Agere Systems Inc. in Allentown,
Pennsylvania.
The investigation revealed that the petitioning employees of
Facility Pro working at Agere Systems Inc. in Allentown,
Pennsylvania, 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. 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 facility.
Conclusion
After careful review, I determine that all workers of
Facility Pro, at Agere Systems, Inc., Allentown, Pennsylvania,
are denied eligibility to apply for adjustment assistance under
Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 19th day of June, 2003.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-51,954
FACILITY PRO
ALLENTOWN, PENNSYLVANIA
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 June 5, 2003, in response
to a petition filed on behalf of workers at Facility Pro,
Allentown, Pennsylvania. The workers at the subject facility
provide clerical mailroom support and are engaged in receiving,
shipping, material delivery, storeroom operation, mailroom and
reproduction services.
The investigation revealed that Facility Pro has its
headquarters in Dublin, Ohio, but the worker group seeking
certification work at Agere Systems Inc. in Allentown,
Pennsylvania.
The investigation revealed that the petitioning employees of
Facility Pro working at Agere Systems Inc. in Allentown,
Pennsylvania, 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. 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 facility.
Conclusion
After careful review, I determine that all workers of
Facility Pro, at Agere Systems, Inc., Allentown, Pennsylvania,
are denied eligibility to apply for adjustment assistance under
Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 19th day of June, 2003.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance