Petitioner Type: Workers
Impact Date:
Filed Date: 05/10/2004
Most Recent Update: 07/09/2004
Determination Date: 07/09/2004
Expiration Date:
Employment and Training Administration
TA-W-54,872
SANMINA-SCI CORPORATION
GLOBAL ENGINEERING AND DESIGN GROUP
SALEM, NEW HAMPSHIRE
Negative Determinations 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 April 30, 2004 in response
to a petition filed on behalf of workers of Sanmina-SCI
Corporation, Global Engineering and Design Group, Salem, New
Hampshire. The workers performed computer aided design and
engineering services used in the production of printed circuit
boards (PCPs).
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 domestically and there must be a
relationship between the workers' work and the article produced
by the workers' firm or appropriate subdivision. The
investigation revealed that although production occurred within
company affiliates of the Salem facility, the workers of the
subject facility can not be considered import impacted or
affected by a shift in production of articles because sales
and/or production of printed circuit boards of the company
affiliates increased. The decrease in employment at the subject
firm is attributable to a decrease in the demand for the design
and engineering services provided by the subject firm.
Although petitioners allege that the separations at the
subject firm are directly attributable to a shift to India of the
work performed at the Salem facility, a shift of services abroad
is not a basis for TAA certification.
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 assis-
tance (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
can not be certified eligible for ATAA.
Conclusion
After careful review, I determine that all workers of
Sanmina-SCI Corporation, Global Engineering and Design Group,
Salem, New Hampshire 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 9th day of July 2004.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance