Petitioner Type: Workers
Impact Date:
Filed Date: 07/24/2003
Most Recent Update: 09/02/2003
Determination Date: 09/02/2003
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-52,383
AG COMMUNICATION SYSTEMS
PHOENIX, ARIZONA
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 24, 2003, in
response to a petition filed on behalf of workers of AG
Communication Systems, Phoenix, Arizona providing research and
development for internet protocol and network services.
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 all workers engaged in
research and development at AG Communication Systems, Phoenix,
Arizona are denied eligibility to apply for adjustment assistance
under Section 223 of the Trade Act of 1974.
Signed in Washington, D. C., this 2nd day of September 2003.
/s/ Richard Church
__________________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-52,383
AG COMMUNICATION SYSTEMS
PHOENIX, ARIZONA
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 24, 2003, in
response to a petition filed on behalf of workers of AG
Communication Systems, Phoenix, Arizona providing research and
development for internet protocol and network services.
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 all workers engaged in
research and development at AG Communication Systems, Phoenix,
Arizona are denied eligibility to apply for adjustment assistance
under Section 223 of the Trade Act of 1974.
Signed in Washington, D. C., this 2nd day of September 2003.
/s/ Richard Church
__________________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance