Petitioner Type: Workers
Impact Date:
Filed Date: 02/12/2004
Most Recent Update: 03/08/2004
Determination Date: 03/08/2004
Expiration Date:
Employment and Training Administration
TA-W-54,256
AASTRA TELECOM U.S. INC.
A SUBSIDIARY OF AASTRA TECHNOLOGIES LIMITED
LYNCHBURG, VIRGINIA
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 February 12, 2004, in
response to a petition filed on behalf of workers at Aastra Telecom
U.S. Inc., a subsidiary of Aastra Technologies Limited, Lynchburg,
Virginia. Workers at the subject facility were engaged in research
and development pertaining to cable modems.
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 firm.
Conclusion
After careful review of the facts obtained in this
investigation, I determine that all workers of Aastra Telecom U.S.
Inc., a subsidiary of Aastra Technologies Limited, Lynchburg,
Virginia are denied eligibility to apply for adjustment assistance
under section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 8th day of March 2004.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance