Petitioner Type: Union
Impact Date: 09/15/2002
Filed Date: 09/26/2003
Most Recent Update: 10/20/2003
Determination Date: 10/20/2003
Expiration Date: 10/20/2005
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-53,004
XEROX CORPORATION
BUSINESS GROUP OPREATIONS (BGO)
WEBSTER, NEW YORK
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Alternative Trade 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.
In order to make an affirmative determination and issue a
certification of eligibility to apply for Trade Adjustment
Assistance, the group eligibility requirements in either paragraph
(a)(2)(A) or (a)(2)(B) of Section 222 of the Trade Act must be met.
It is determined in this case that the requirements of (a)(2)(B) of
Section 222 have been met.
The investigation was initiated on September 26, 2003 in
response to a petition filed by the Union of Needletrades,
Industrial, and Textile Employees, Rochester Joint Board, on behalf
of workers of Xerox Corporation, Business Group Operation (BGO),
Webster, New York. The workers produce multifunctional digital
copiers/printers.
The investigation revealed that the BGO shut down on July 25,
2003. Xerox has shifted production of the subject facility to a
country (Mexico) that is a party to a free trade agreement with the
United States during the relevant period.
In accordance with Section 246 the Trade Act of 1974 (26 USC
2813), as amended, the Department of Labor herein presents the
results of its investigation regarding certification of eligibility
to apply for alternative trade adjustment assistance (ATAA) for
older workers.
In addition, in order for the Department to issue a
certification of eligibility to apply for ATAA, the group
eligibility requirements of Section 246 of the Trade Act must be
met. The Department has determined in this case that the
requirements of Section 246 have been met.
A significant number of workers at the firm are age 50 or over
and possess skills that are not easily transferable. Competitive
conditions within the industry are adverse.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that there was a shift in production
from the workers' firm or subdivision to Mexico of articles that
are like or directly competitive with those produced by the subject
firm or subdivision. In accordance with the provisions of the Act,
I make the following certification:
"All workers of Xerox Corporation, Business Group Operation
(BGO), Webster, New York who became totally or partially
separated from employment on or after September 15, 2002
through two years from the date of certification are eligible
to apply for adjustment assistance under Section 223 of the
Trade Act of 1974, and are also eligible to apply for
alternative trade adjustment assistance under Section 246 of
the Trade Act of 1974."
Signed at Washington, D.C., this 20th day of October 2003.
/s/ Richard Church
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RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance