Petitioner Type: State
Impact Date:
Filed Date: 07/09/2003
Most Recent Update: 07/22/2003
Determination Date: 07/22/2003
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-52,256
TELCO SYSTEMS, INC.
A SUBSIDIARY OF BATM ADVANCED COMMUNICATIONS, LTD.
FOXBORO, MASSACHUSSETTS
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 9, 2003, in response
to a petition filed by a State agency representative on behalf of
workers at Telco Systems, Inc., a subsidiary of BATM Advanced
Communications, LTD., Foxboro, Massachusetts. The workers at the
subject facility are engaged in software and hardware design,
repair, configuration, testing, warehousing and distribution.
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. 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 Telco
Systems, Inc., a subsidiary of BATM Advanced Communications, LTD.,
Foxboro, Massachusetts are denied eligibility to apply for
adjustment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 22nd day of July, 2003.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-52,256
TELCO SYSTEMS, INC.
A SUBSIDIARY OF BATM ADVANCED COMMUNICATIONS, LTD.
FOXBORO, MASSACHUSSETTS
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 9, 2003, in response
to a petition filed by a State agency representative on behalf of
workers at Telco Systems, Inc., a subsidiary of BATM Advanced
Communications, LTD., Foxboro, Massachusetts. The workers at the
subject facility are engaged in software and hardware design,
repair, configuration, testing, warehousing and distribution.
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. 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 Telco
Systems, Inc., a subsidiary of BATM Advanced Communications, LTD.,
Foxboro, Massachusetts are denied eligibility to apply for
adjustment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 22nd day of July, 2003.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance