DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-53,457

THOMSON, INC.
A SUBSIDIARY OF THOMSON, SA
INDIANAPOLIS, INDIANA

Negative Determination Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), as amended, the Department of Labor herein presents the
results of its investigation regarding certification of eligibility
to apply for worker adjustment assistance.
The investigation was initiated on November 6, 2003, in
response to a petition filed by International Brotherhood of
Electrical Workers, Local 1048, on behalf of workers at Thomson,
Inc., a subsidiary of Thomson, SA, Indianapolis, Indiana. The
workers at the subject facility are involved in research and
development of consumer electronic products.
The investigation revealed that the petitioning workers of
this firm 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 of the subject firm may be certified only if their
separation was caused importantly by a reduced demand for their
services from their firm 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.
In addition, in accordance with Section 246 of the Trade Act
of 1974 (216 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 order for the Department to issue a certification of
eligibility to apply for ATAA, the worker group must be certified
eligible to apply for trade adjustment assistance (TAA). Since the
workers at Thomson, Inc., a subsidiary of Thomson, SA,
Indianapolis, Indiana are denied eligibility to apply for TAA, the
workers cannot be certified eligible for ATAA.




Conclusion
After careful review, I determine that all workers of Thomson,
Inc., a subsidiary of Thomson, SA, Indianapolis, Indiana, are
denied eligibility to apply for adjustment assistance under Section
223 of the Trade Act of 1974, and are also denied eligibility to
apply for alternative trade adjustment assistance under Section 246
of the Trade Act of 1974, as amended.
Signed in Washington, D.C., this 5th day of January, 2004.
/s/Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance