Petitioner Type: Workers
Impact Date:
Filed Date: 09/24/2003
Most Recent Update: 10/08/2003
Determination Date: 10/08/2003
Expiration Date:
Employment and Training Administration
TA-W-52,958
ELECTRONIC DATA SYSTEMS, GM/SPO
FLINT, MICHIGAN
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 September 24, 2003
in response to a petition filed by workers at Electronic
Data Systems, GM/SPO, Flint, Michigan. Workers at the
subject firm were engaged in operation and service of
electronic tracking of inventory of spare parts.
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. Additionally, 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
Electronic Data Systems Corporation, GM/SPO, Flint,
Michigan are denied eligibility to apply for adjustment
assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 8th day of October 2003.
/s/ Elliott S. Kushner
_____________________________
ELLIOTT S. KUSHNER
Certifying Officer,
Division of
Trade Adjustment Assistance