Petitioner Type: Workers
Impact Date:
Filed Date: 07/21/2003
Most Recent Update: 08/07/2003
Determination Date: 08/07/2003
Expiration Date:
Employment and Training Administration
TA-W-52,357
MOTOROLA, INC.
PERSONAL COMMUNICATIONS SECTOR (PCS)
LIBERTYVILE, ILLINOIS
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 21, 2003, in response
to a petition filed on behalf of workers at Motorola, Inc.,
Personal Communications Sector (PCS), Libertyville, Illinois. The
workers at the subject facility are engaged in the design,
software/hardware development, prototyping, and troubleshooting of
new cellular phone designs and manufacturing techniques.
The investigation revealed that workers of the subject firm
were eligible to apply for trade adjustment assistance (TA-W-
38,928A) based on their affiliation to a Motorola production
facility in Harvard, Illinois. Production at the Harvard location
ceased on March 31, 2003, and that worker certification expired on
April 13, 2003.
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
Motorola, Inc., Personal Communications Sector (PCS), Libertyville,
Illinois are denied eligibility to apply for adjustment assistance
under Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 7th day of August, 2003.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance