Petitioner Type: Workers
Impact Date:
Filed Date: 07/16/2004
Most Recent Update: 08/11/2004
Determination Date: 08/11/2004
Expiration Date:
Employment and Training Administration
TA-W-55,261
SONY ELECTRONICS, INC.
AOEM SERVICE CENTER
FARMINGTON HILLS, MICHIGAN
Notice of Negative Determination
on Reconsideration
On October 7, 2004, the Department issued an Affirmative
Determination Regarding Application for Reconsideration for the
workers and former workers of the subject firm. The Notice was
published in the Federal Register on October 25, 2004 (69 FR
62301). The Department initially denied Trade Adjustment
Assistance (TAA) and Alternate Trade Adjustment Assistance (ATAA)
to workers of Sony Electronics, Inc., AOEM Service Center,
Farmington Hills, Michigan, because the workers did not produce
an article but performed repair services on consumer electronics.
In the request for reconsideration, the company official
alleged that the subject facility is engaged in production
because the workers repair and refurbish Sony products.
During the reconsideration investigation, the Department
requested that the subject company provide additional information
regarding the allegations as well as complete a questionnaire.
The investigation revealed that the subject worker group
primarily repaired consumer electronic and neither produced
refurbished consumer electronics nor assembled electronics goods
during the relevant time period.
Conclusion
After reconsideration, I affirm the original notice of
negative determination of eligibility to apply for worker
adjustment assistance for workers and former workers of Sony
Electronics, Inc., AOEM Service Center, Farmington Hills,
Michigan.
Signed at Washington, D.C., this 19th day of November 2004.
/s/ Linda G. Poole
_______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
Corrected Copy
September 30, 2004
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-55,261
SONY ELECTRONICS INC.
AOEM SERVICE CENTER
FARMINGTON HILLS, MICHIGAN
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 July 16, 2004 in response
to a petition filed on behalf of workers of Sony Electronics Inc.,
AOEM Service Center, Farmington Hills, Michigan. The workers
perform repair services on consumer electronics.
The investigation revealed that Sony Electronics Inc., AOEM
Service Center, Farmington Hills, Michigan does not produce an
article within the meaning of Section 222 (a)(2) of the Act. 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 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 within the firm, the workers of
the AOEM Service Center described above do not support this
production. Thus the worker group can not be considered import
impacted or affected by a shift in production of an 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 Sony
Electronics Inc., AOEM Service Center, Farmington Hills, Michigan
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 11th day of August, 2004
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance