Petitioner Type: Union
Impact Date:
Filed Date: 03/23/2004
Most Recent Update: 06/04/2004
Determination Date: 06/04/2004
Expiration Date:
Employment and Training Administration
TA-W-54,563
VOLT SERVICES GROUP
A DIVISION OF VOLT TECHNICAL RESOURCES, LLC
(A WHOLLY OWNED SUBSIDIARY OF VOLT MANAGEMENT CORP.)
AND VOLT MANAGEMENT CORP.
(A WHOLLY OWNED SUBSIDIARY OF VOLT INFORMATION SCIENCES, INC,)
LEASED WORKERS AT HEWLETT-PACKARD COMPANY (HP)
HOUSTON, TEXAS
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, 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 March 23, 2004, in response
to a petition filed on behalf of workers of Volt Services Group, a
division of Volt Technical Resources, LLC, a wholly owned
subsidiary of Volt Management Corp. and Volt Management Corp., a
wholly owned subsidiary of Volt Information Sciences, Inc.,
employed onsite at Hewlett-Packard Company (HP), Houston, Texas.
Workers of the subject firm provide "Help Desk" functions (i.e.
they provide technical support for the internal HP employees.)
This involves answering phone calls, evaluating requests for
"help," determining the underlying issue, and providing resolution
to the problem.
The investigation revealed that the "Help Desk" workers
described above are composed of employees of Volt Services Company
and were leased, pursuant to a contract, to work at Hewlett Packard
Company, Houston, Texas.
In order to be considered eligible to apply for adjustment
assistance under Section 223 of the Trade Act of 1974, as a
threshold matter, the firm or the worker group seeking
certification (or on whose behalf certification is being sought)
must produce an article. Leased workers under a contractual
relationship with a firm or appropriate subdivision that produces
an article are also treated as workers of a firm producing an
article if their work is related to that production.
The investigation determined that the work of the employees of
Volt Services Group is not related to the production of an article
by Hewlett Packard Company. The separations of Volt Services
Group's workers at the HP facility are directly attributable to
HP's decision to contract with a Canadian-based firm for its "Help
Desk" requirements.
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.
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 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 Volt
Services Group, a division of Volt Technical Resources, LLC, a
wholly owned subsidiary of Volt Management Corp. and Volt
Management Corp., a wholly owned subsidiary of Volt Information
Sciences, Inc, employed onsite at Hewlett-Packard Company (HP),
Houston, Texas, 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.
Signed in Washington, D. C. this 4th day of June 2004.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance