Petitioner Type: Workers
Impact Date:
Filed Date: 11/30/2004
Most Recent Update: 12/16/2004
Determination Date: 12/16/2004
Expiration Date:
Employment and Training Administration
TA-W-56,105
VISIONAIR, INC.
CASTLE HAYNE, NORTH CAROLINA
Negative Determinations 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 November 30, 2004 in
response to a petition filed on behalf of workers of VisionAIR,
Inc., Castle Hayne, North Carolina. The firm develops customized
software designed to facilitate communication across agencies and
jurisdictions. Workers are engaged in software development, and
additionally in training, administration, sales and various
client services.
The investigation revealed that VisionAIR, Inc., Castle
Hayne, North Carolina 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 workers of VisionAIR, Inc., Castle Hayne, North
Carolina do not support a firm or appropriate subdivision that
produces an article domestically and thus the worker group cannot
be considered import impacted or affected by a shift in
production of an article.
Conclusion
After careful review, I determine that all workers of
VisionAIR, Inc., Castle Hayne, North Carolina 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 16th day of December 2004
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance