Petitioner Type: State
Impact Date:
Filed Date: 10/09/2003
Most Recent Update: 11/12/2003
Determination Date: 11/12/2003
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-53,203
VIBREN TECHNOLOGY
A SUBSIDIARY OF NEC CORPORATION
BOXBOROUGH, MASSACHUSETTS
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 October 9, 2003 in
response to a petition filed by a state agency representative on
behalf of workers of Vibren Technologies, a subsidiary of NEC
Corporation, Boxborough, Massachusetts. The workers design and
program software applications for NEC clients purchasing PC's
and PC notebooks.
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 firm.
Conclusion
After careful review, I determine that all workers of
Vibren Technologies, a subsidiary of NEC Corporation,
Boxborough, Massachusetts 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 12th day of November 2003.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-53,203
VIBREN TECHNOLOGY
A SUBSIDIARY OF NEC CORPORATION
BOXBOROUGH, MASSACHUSETTS
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 October 9, 2003 in
response to a petition filed by a state agency representative on
behalf of workers of Vibren Technologies, a subsidiary of NEC
Corporation, Boxborough, Massachusetts. The workers design and
program software applications for NEC clients purchasing PC's
and PC notebooks.
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 firm.
Conclusion
After careful review, I determine that all workers of
Vibren Technologies, a subsidiary of NEC Corporation,
Boxborough, Massachusetts 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 12th day of November 2003.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance