Petitioner Type: State
Impact Date:
Filed Date: 01/27/2005
Most Recent Update: 03/08/2005
Determination Date: 03/08/2005
Expiration Date:
Employment and Training Administration
TA-W-56,400
SPRINT CORPORATION
UNITED TELEPHONE COMPANY OF NORTH CAROLINA
WAKE FOREST REPAIR SERVICE AND EVALUATION CENTER
WAKE FOREST, NORTH CAROLINA
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 on January 27, 2005, in
response to a petition filed by a State agency representative of
North Carolina on behalf of workers at Sprint, Wake Forest,
North Carolina. The investigation revealed that the official
name of the subdivision is Sprint Corporation, United Telephone
Company of North Carolina, Wake Forest Repair Service and
Evaluation Center, Wake Forest, North Carolina. The workers
repaired data equipment used in Sprint telephony networks.
The investigation revealed that Sprint Corporation, United
Telephone Company of North Carolina, Wake Forest Repair Service
and Evaluation Center 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 equipment repair workers described
above firm do not support a firm or appropriate subdivision that
produces an article domestically. Thus, the worker group can
not be considered import impacted or affected by a shift in
production of an article.
The petitioner claims the work the work conducted at the
subject facility went to India. The investigation revealed that
the subject firm's repair work was transferred to another
domestic location of Sprint.
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
Sprint Corporation, United Telephone Company of North Carolina,
Wake Forest Repair Service and Evaluation Center, Wake Forest,
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, as amended.
Signed in Washington, D.C., this 8th day of March 2005.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance