Petitioner Type: Union
Impact Date:
Filed Date: 06/17/2004
Most Recent Update: 06/23/2004
Determination Date: 06/23/2004
Expiration Date:
Employment and Training Administration
TA-W-55,098
PACIFIC CREST TECHNOLOGY
TUALATIN, OREGON
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 June 17, 2004, in response
to a petition filed by a State agency representative on behalf of
workers at Pacific Crest Technology, Tualatin, Oregon. Workers at
the subject facility are software programmers and analysts.
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 software
programmers and analysts described above do not support a firm or
appropriate subdivision that produces an article domestically and
thus the worker group cannot be considered import impacted or
affected by a shift in production of an article.
In addition, in accordance with Section 246 of the Trade Act
of 1974 (216 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 at Pacific Crest Technology, Tualatin, Oregon 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 Pacific
Crest Technology, Tualatin, Oregon, are denied eligibility to apply
for adjustment assistance under Section 223 of the Trade Act of
1974, and alternative trade adjustment assistance under Section 246
of the Trade Act of 1974.
Signed in Washington, D. C. this 23rd day of June 2004.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance