Petitioner Type: Union
Impact Date:
Filed Date: 05/12/2004
Most Recent Update: 06/02/2004
Determination Date: 06/02/2004
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-54,905
COMPUCOM SYSTEMS, INC.
EMPLOYED AT WEIRTON STEEL CORPORATION
WEIRTON, WEST VIRGINIA
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 group eligibility
requirements for directly-impacted (primary) workers under Section
222(a) the Trade Act of 1974, as amended, can be satisfied in
either of two ways:
I. Section (a)(2)(A) all of the following must be satisfied:
A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm,
have become totally or partially separated, or are
threatened to become totally or partially separated;
B. the sales or production, or both, of such firm or
subdivision have decreased absolutely; and
C. increased imports of articles like or directly competitive
with articles produced by such firm or subdivision have
contributed importantly to such workers' separation or
threat of separation and to the decline in sales or
production of such firm or subdivision; or
II. Section (a)(2)(B) both of the following must be satisfied:
A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the
firm, have become totally or partially separated, or are
threatened to become totally or partially separated;
B. there has been a shift in production by such workers' firm
or subdivision to a foreign country of articles like or
directly competitive with articles which are produced by
such firm or subdivision; and
C. One of the following must be satisfied:
1. the country to which the workers' firm has shifted
production of the articles is a party to a free trade
agreement with the United States;
2. the country to which the workers' firm has shifted
production of the articles is a beneficiary country
under the Andean Trade Preference Act, African Growth
and Opportunity Act, or the Caribbean Basin Economic
Recovery Act; or
3. there has been or is likely to be an increase in
imports of articles that are like or directly
competitive with articles which are or were produced
by such firm or subdivision.
The investigation was initiated on May 12, 2004 in response to
a petition filed on behalf of workers of Compucom Systems, Inc.,
employed at Weirton Steel Corporation, Weirton, West Virginia.
Workers at the subject firm provide information technology (IT)
support services on a contract basis for Weirton Steel, a producer
of various types of steel. The work of Compucom Systems, Inc.
includes both helpdesk support over the telephone, and desk-side
support of all computer hardware and software at the Weirton
location.
Workers at Weirton Steel Corporation, Weirton, West Virginia
were denied eligibility to apply for trade adjustment assistance on
May 14, 2004 (TA-W-54,455).
The investigation of Weirton Steel revealed that criteria I.C.
and II.B. have not been met. The loss of jobs at Weirton steel is
not attributable to an increase in imports or production shift
abroad. Therefore, the workers of Compucom, employed at Weirton,
West Virginia in support of Weirton Steel workers cannot be
certified.
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
cannot be certified eligible for ATAA.
Conclusion
After careful review, I determine that all workers of
Compucom Systems, Inc., employed at Weirton Steel Corporation,
Weirton, West Virginia 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 2nd day of June 2004.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance