Petitioner Type: Workers
Impact Date:
Filed Date: 07/15/2003
Most Recent Update: 08/22/2003
Determination Date: 08/22/2003
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-52,318
GE OSMONICS, INC.
A DIVISION OF GENERAL ELECTRIC COMPANY
MINNETONKA, MINNESOTA
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 July 15, 2003 in response
to a petition filed on behalf of workers at GE Osmonics, Inc., a
division of the General Electric Company, Minnetonka, Minnesota.
The petitioning worker group were engaged in hardware and software
installations and support.
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 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 firm.
Conclusion
After careful review, I determine that workers of GE Osmonics,
Inc., a division of the General Electric Company, Minnetonka,
Minnesota, engaged in hardware and software installation and
support, 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 August, 2003.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-52,318
GE OSMONICS, INC.
A DIVISION OF GENERAL ELECTRIC COMPANY
MINNETONKA, MINNESOTA
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 July 15, 2003 in response
to a petition filed on behalf of workers at GE Osmonics, Inc., a
division of the General Electric Company, Minnetonka, Minnesota.
The petitioning worker group were engaged in hardware and software
installations and support.
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 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 firm.
Conclusion
After careful review, I determine that workers of GE Osmonics,
Inc., a division of the General Electric Company, Minnetonka,
Minnesota, engaged in hardware and software installation and
support, 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 August, 2003.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance