Denied
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TAW-54038  /  Network Associates (Oakbrook Terrace, IL)

Petitioner Type: Workers
Impact Date:
Filed Date: 01/20/2004
Most Recent Update: 01/23/2004
Determination Date: 01/23/2004
Expiration Date:

DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-54,038

NETWORK ASSOCIATES, INC.
OAKBRIDGE TERRACE, ILLINOIS

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 January 20, 2004, in
response to a petition filed on behalf of workers of Network
Associates, Inc., Oakbridge Terrace, Illinois. Workers of the
subject firm are engaged in engineering services.
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. A firm
includes an individual proprietorship, partnership, joint venture,
association, corporation (including a development corporation),
business trust, cooperative, trustee in bankruptcy, and receiver
under decree of any court. A firm, together with any predecessor or
successor-in-interest, or together with any affiliated firm
controlled or substantially beneficially owned by substantially the
same persons, may be considered a single firm.
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 of the facts obtained in this
investigation, I determine that all workers of Network Associates,
Inc., Oakbridge Terrace, Illinois are denied eligibility to apply
for adjustment assistance under Section 223 of the Trade Act of
1974.
Signed in Washington, D. C. this 23rd day of January 2004.

/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance