Petitioner Type: Workers
Impact Date:
Filed Date: 07/22/2004
Most Recent Update: 08/31/2004
Determination Date: 08/31/2004
Expiration Date:
Employment and Training Administration
TA-W-55,301
PLEXUS
A DIVISION OF BANCTEC
SANTA CLARA, CALIFORNIA
Negative Determination Regarding Eligibility
To Apply For Worker 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 22, 2004, in
response to a petition filed by on behalf of workers of Plexus,
a division of BancTec, Santa Clara, California. The workers
develop business integration software and support said software
after its purchase. This support allows for the software to
continue functioning properly for the customer.
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(s) occurred within the firm or appropriate subdivision,
the affected worker group does not support this production.
The subject worker group does not support a firm or appropriate
subdivision that produces an article domestically and thus the
worker group can not be considered import impacted or affected
by a shift in production of an article.
The workers do not manufacture any type of physical
article. They develop software specific to customer
specifications in order to increase work place information
efficiency for the customer and/or they perform customer service
on the specific software. This work does not constitute an
article.
Conclusion
After careful review of the facts obtained in this
investigation, I determine that all workers of Plexus, a
division of BancTec, Santa Clara, California are denied
eligibility to apply for adjustment assistance under Section 223
of the Trade Act of 1974.
Signed in Washington, D. C. this 31st day of August 2004
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance