Petitioner Type: Union
Impact Date:
Filed Date: 04/08/2004
Most Recent Update: 05/25/2004
Determination Date: 05/25/2004
Expiration Date:
Employment and Training Administration
TA-W-54,695
C-COR CORPORATION
REPAIR SERVICES DEPARTMENT
MERIDEN, CONNECTICUT
Notice of Negative Determination
Regarding Application for Reconsideration
By application postmarked June 17, 2004, petitioners
requested administrative reconsideration of the Department's
negative determination regarding eligibility for workers and
former workers of the subject firm to apply for Trade Adjustment
Assistance (TAA). The denial notice applicable to workers of C-
Cor Corporation, Repair Services Department, Meriden, Connecticut
was signed on May 25, 2004 and published in the Federal Register
on June 17, 2004 (69 FR 33941).
Pursuant to 29 CFR 90.18(c) reconsideration may be granted
under the following circumstances:
(1) If it appears on the basis of facts not previously
considered that the determination complained of
was erroneous;
(2) if it appears that the determination complained of
was based on a mistake in the determination of facts
not previously considered; or
(3) if in the opinion of the Certifying Officer, a mis-
interpretation of facts or of the law justified
reconsideration of the decision.
The TAA petition was filed on behalf of workers at C-Cor
Corporation, Repair Services Department, Meriden, Connecticut
engaged in activities related to the repair of broadband
communication products. The petition was denied because the
petitioning workers did not produce an article within the meaning
of Section 222 of the Act.
In the request for reconsideration petitioners allege that
the workers supported production of C-Cor products, namely
electronic broadband equipment. They further state that the
subject firm outsourced repair of its products to Mexico through
the third party.
A company official was contacted to clarify the work
performed by the Repair Services Department. It was revealed
that the subject group of workers did not support any production
at the subject facility but performed repair services of the
equipment produced by C-Cor Corporation in Meriden, Connecticut.
The official further confirmed the fact established during
the original investigation that C-Cor Corporation, Meriden,
Connecticut outsourced its repair services to a non-affiliated
domestic company in California, which was the cause of the job
eliminations of the subject group of workers.
Repair of products already purchased does not constitute
production within the context of eligibility requirements for
trade adjustment assistance.
Conclusion
After review of the application and investigative findings,
I conclude that there has been no error or misinterpretation of
the law or of the facts which would justify reconsideration of
the Department of Labor's prior decision. Accordingly, the
application is denied.
Signed at Washington, D.C., this 12th day of August, 2004.
/s/ Linda G. Poole
___________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance