Petitioner Type: State
Impact Date: 10/09/2003
Filed Date: 10/08/2004
Most Recent Update: 11/16/2004
Determination Date: 11/16/2004
Expiration Date: 11/16/2006
Employment and Training Administration
TA-W-55,766
AEROTEK, INC.
EMPLOYEES WORKING AT SOLECTRON USA, INC.
CHARLOTTE, NORTH CAROLINA
Certification Regarding Eligibility
To Apply For Worker Adjustment Assistance and
Negative Determination Regarding Eligibility To Apply For
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.
In order to make an affirmative determination and issue a
certification of eligibility to apply for Trade Adjustment
Assistance, the group eligibility requirements in either
paragraph (a)(2)(A) or (a)(2)(B) of Section 222 of the Trade Act
must be met. It is determined in this case that the requirements
of (a)(2)(B) of Section 222 have been met.
The investigation was initiated on October 8, 2004 in
response to a petition filed by a state agency representative on
behalf of Aerotek, Inc. employees working at Solectron USA,
Inc., formally Solectron Technology, Inc., Charlotte, North
Carolina. The relevant worker group is engaged in the
production of printed circuit boards at a Solectron USA, Inc.
facility in Charlotte North Carolina,
Workers at Solectron USA, Inc., formally Solectron
Technology, Inc., Charlotte, North Carolina were certified
eligible to apply for adjustment assistance and denied
eligibility to apply for alternative trade adjustment assistance
on November 10, 2003 (TA-W-53,296). That certification remains
in effect. The basis of that TAA certification was a shift in
production of printed circuit boards to a country (Mexico) that
is party to a free trade agreement with the United States.
The workers who are the subject of this investigation are
part of the worker group engaged in employment related to the
production of printed circuit boards that was certified as a
result of TA-W-53,296.
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.
The group eligibility criteria for the ATAA program that
the Department must consider under Section 246 of the Trade Act
are:
1. Whether a significant number of workers in the workers'
firm are 50 years of age or older.
2. Whether the workers in the workers' firm possess skills
that are not easily transferable.
3. The competitive conditions with the workers' industry
(i.e., conditions with the industry are adverse).
The Department has concluded, based on information obtained
in the investigation of TA-W-53,296, that criterion 2 has not
been met.
The investigation revealed that workers of the subject firm
possess skills that are easily transferable.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that there was a shift in production
from the workers' firm or subdivision to Mexico of articles that
are like or directly competitive with those produced by the
subject firm or subdivision. In accordance with the provisions
of the Act, I make the following certification:
"All Aerotek, Inc. employees working at Solectron USA,
Inc., formally Solectron Technology, Inc., Charlotte, North
Carolina who became totally or partially separated from
employment on or after October 8, 2003 through two years
from the date of certification are eligible to apply for
adjustment assistance under Section 223 of the Trade Act of
1974."
I further determine that all Aerotek, Inc. employees working at
Solectron USA, Inc., formally Solectron Technology, Inc.,
Charlotte, North Carolina are denied eligibility to apply for
alternative trade assistance under section 246 of the Trade Act
of 1974.
Signed in Washington, D.C. this 16th day of November 2004
/s/ Richard Church
___________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance