Petitioner Type: Unknown
Impact Date:
Filed Date: 09/27/2004
Most Recent Update: 10/06/2004
Determination Date: 10/06/2004
Expiration Date:
Employment and Training Administration
TA-W-55,686
ELECTRONIC DATA SYSTEMS CORPORATION (EDS)
CORAOPOLIS, PENNSYLVANIA
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 in response to a petition
received on September 27, 2004 and filed on behalf of workers at
Electronic Data Systems Corporation (EDS), Coraopolis,
Pennsylvania. The workers design, develop and maintain computer
programs for customers primarily in the airline industry.
The investigation revealed that Electronic Data Systems
Corporation (EDS), Coraopolis, Pennsylvania 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 petitioning workers of
Electronic Data Systems Corporation (EDS), Coraopolis,
Pennsylvania do 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.
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 rev.iew, I determine that all workers of
Electronic Data Systems Corporation (EDS), Coraopolis,
Pennsylvania 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 6th day of October 2004.
/s/ Elliott S. Kushner
____________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance