Petitioner Type: Workers
Impact Date:
Filed Date: 12/16/2004
Most Recent Update: 01/26/2005
Determination Date: 01/26/2005
Expiration Date:
Employment and Training Administration
TA-W-56,223
IOMEGA
CORPORATION HEADQUARTERS
SAN DIEGO, CALIFORNIA
TA-W-56,223A
IOMEGA
ROY, UTAH
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 December 16, 2004, in
response to a petition filed on behalf of workers of Iomega,
Corporation Headquarters, San Diego, California (TA-W-56,223) and
Iomega, Roy, Utah (TA-W-56,223A).
Workers of Iomega, Corporation Headquarters, San Diego,
California (TA-W-56,223) and Iomega, Roy, Utah (TA-W-56,223A) are
engaged in design and development for use by customers in the
production of computer drives.
The investigation revealed that Iomega, Corporation
Headquarters, San Diego, California (TA-W-56,223) and Iomega, Roy,
Utah (TA-W-56,223A), do 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 customer support workers described above 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 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 Iomega,
Corporation Headquarters, San Diego, California (TA-W-56,223) and
Iomega, Roy, Utah (TA-W-56,223A) are denied eligibility to apply
for adjustment assistance under Section 223 of the Trade Act of
1974, and alternative trade adjustment assistance under Section 246
of the Trade Act of 1974.
Signed in Washington, D.C., this 26th day of January 2005.
/s/ Ellott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance