Petitioner Type: Union
Impact Date:
Filed Date: 03/26/2004
Most Recent Update: 05/07/2004
Determination Date: 05/07/2004
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-54,594
XO CALIFORNIA, INC.
A WHOLLY OWNED SUBSIDIARY OF XO COMMUNICATIONS, INC.
SANTA ANA, CALIFORNIA
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 March 26, 2004 in response
to a petition filed by on behalf of workers of XO California, Inc.,
a wholly owned subsidiary of XO Communications, Inc., Santa Ana,
California. The workers performed high level administrative
support; they maintained calendars, coordinated travel
arrangements, served as central point of contact for coordinating
orders, verified and tracked orders, participated in the
implementation and maintenance of circuit provisioning standards
and procedures, reviewed and modified technical data, and
maintained database records.
The investigation revealed that XO California, Inc., a wholly
owned subsidiary of XO Communications, Inc., Santa Ana, California
does not produce an article within the meaning of Section 222(a)(2)
of the Act. In order to be considered eligible to apply for
adjustment assistance under Section 223 of the Trade Act of 1974,
the worker group seeking certification (or on whose behalf
certification is being sought) must work for a "firm" or
appropriate subdivision that produces an article and there must be
a relationship between the workers' work and the article produced
by the workers' firm or appropriate subdivision. The high level
administrative support workers described above do not support a
firm or appropriate subdivision that produces an article
domestically and thus the worker group can not be considered import
impacted or affected by a shift in production of an article.
Conclusion
After careful review, I determine that all workers of XO
California, Inc., a wholly owned subsidiary of XO Communications,
Inc., Santa Ana, California are denied eligibility to apply for
adjustment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D.C., this 7th day of May 2004.
/s/ Linda G. Poole
_______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance