Petitioner Type: Company
Impact Date:
Filed Date: 06/30/2004
Most Recent Update: 07/28/2004
Determination Date: 07/28/2004
Expiration Date:
Employment and Training Administration
TA-W-55,177
ANGUS CONSULTING MANAGEMENT, INC.
ON SITE WORKERS AT LUCENT TECHNOLOGIES
FORMERLY KNOWN AS CELESTICA CORPORATION
OKLAHOMA CITY, OKLAHOMA
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 30, 2004 in response
to a petition filed by a company official on behalf of workers of
Angus Consulting Management, Inc., employed on site at Lucent
Technologies, formerly known as Celestica Corporation, Oklahoma
City, Oklahoma. The worker group of this investigation performed
services related to the operation and maintenance of the facility's
buildings and grounds, such as janitorial work, power plant
operation, and various skilled maintenance trades.
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 of an article occurred at the
location at which the plant operators and maintenance service
workers performed the duties as described above, the workers do not
support this production. Thus, the worker group cannot be
considered import impacted or affected by a shift in production of
an article.
Petitioners allege that job losses were the result of a shift
in production initiated by Lucent Technologies, formerly known as
Celestica Corporation, Oklahoma City, Oklahoma. The investigation
revealed, however, that during the relevant period, workers of
Angus Consulting Management, Inc. were not contractually bound to
either Celestica Corporation or Lucent Technologies, but were
instead legally employed by Cushman and Wakefield, Inc., which is
Lucent Technologies' property management contractor of choice.
Cushman and Wakefield, Inc., is a commercial real estate services
firm that is not engaged in the domestic production of any article.
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 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 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 Angus
Consulting Management, Inc., employed on site at Lucent
Technologies, formerly known as Celestica Corporation, Oklahoma
City, Oklahoma, 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, as amended.
Signed in Washington, D.C., this 28th day of July, 2004.
/s/ Linda G. Poole
_______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance