Petitioner Type: State
Impact Date: 10/17/2002
Filed Date: 10/20/2003
Most Recent Update: 11/10/2003
Determination Date: 11/10/2003
Expiration Date: 11/10/2005
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-53,296
SOLECTRON TECHNOLOGY, INC.
A SUBSIDIARY OF
SOLECTRON CORPORATION
INCLUDING TEMPORARY WORKERS OF
KELLY TEMPORARY SERVICES
CHARLOTTE, NORTH CAROLINA
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Negative Determination Regarding Eligibility to
Apply for 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 October 20, 2003 in
response to a petition filed by a state agency representative on
behalf of workers of Solectron Technology, Inc., a subsidiary of
Solectron Corporation, The workers at the subject firm produce
printed circuit boards (PCBs).
The subject firm utilizes some temporary workers from Kelly
Temporary Services to produce PCBs at the Charlotte, North Carolina
plant.
The investigation revealed that employment at the subject firm
decreased from 2001 to 2002 and during the period of January
through September 2003 when compared to the same period in 2002.
The preponderance in the declines in employment at the subject
facility is related to a shift in production of PCBs to a country
(Mexico) that is a party to a free trade agreement with the United
States.
In addition, 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.
The group eligibility criteria for the ATAA program that the
Department must consider under Section 246 of the Trade Act are:
1. Whether a significant number of workers in the workers' firm
are 50 years of age or older.
2. Whether the workers in the workers' firm possess skills that
are not easily transferable.
3. The competitive conditions with the workers' industry (i.e.,
conditions with the industry are adverse).
The Department has concluded that criterion 2 has not been
met.
The investigation revealed that workers of the subject firm
possess skills that are easily transferable.
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 the printed circuit boards
produced by the subject firm or subdivision.
In accordance with the provisions of the Act, I make the
following certification:
"Workers of Solectron Technology, Inc., a subsidiary of
Solectron Corporation, Charlotte, North Carolina, engaged in
employment related to the production of printed circuit boards
(PCBs), and temporary workers of Kelly Temporary Services,
producing printed circuit boards (PCBs) at Solectron
Technology Inc., a subsidiary of Solectron Corporation,
Charlotte, North Carolina, who became totally or partially
separated from employment on or after October 17, 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
I further determine that workers of Solectron Technology,
Inc., a subsidiary of Solectron Corporation, Charlotte, North
Carolina, engaged in employment related to the production of
printed circuit boards (PCBs), are denied eligibility to apply for
alternative trade assistance under section 246 of the Trade Act of
1974.
Signed in Washington, D.C. this 10th day of November 2003.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance