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TAW-56820  /  Manpower International, Inc. (Tempe, AZ)

Petitioner Type: State
Impact Date: 03/23/2004
Filed Date: 03/24/2005
Most Recent Update: 05/02/2005
Determination Date: 05/02/2005
Expiration Date: 05/02/2007

Other Worker Groups on This Petition

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-56,820

MANPOWER INTERNATIONAL, INC.
ON-SITE LEASED WORKERS AT MOTOROLA, INC.
EMBEDDED COMMUNICATIONS COMPUTING DIVISION
TEMPE, ARIZONA

TA-W-56,820A

MOTOROLA, INC.
EMBEDDED COMMUNICATIONS COMPUTING DIVISION
TEMPE, ARIZONA

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 group eligibility
requirements for directly-impacted (primary) workers under Section
222(a) the Trade Act of 1974, as amended, can be satisfied in
either of two ways:
I. Section (a)(2)(A) all of the following must be satisfied:
A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm,
have become totally or partially separated, or are
threatened to become totally or partially separated;
B. the sales or production, or both, of such firm or
subdivision have decreased absolutely; and
C. increased imports of articles like or directly competitive
with articles produced by such firm or subdivision have
contributed importantly to such workers' separation or
threat of separation and to the decline in sales or
production of such firm or subdivision; or



II. Section (a)(2)(B) both of the following must be satisfied:

A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm,
have become totally or partially separated, or are
threatened to become totally or partially separated;
B. there has been a shift in production by such workers'
firm or subdivision to a foreign country of articles
like or directly competitive with articles which are
produced by such firm or subdivision; and

C. One of the following must be satisfied:
1. the country to which the workers' firm has shifted
production of the articles is a party to a free trade
agreement with the United States;
2. the country to which the workers' firm has shifted
production of the articles is a beneficiary country
under the Andean Trade Preference Act, African Growth
and Opportunity Act, or the Caribbean Basin Economic
Recovery Act; or
3. there has been or is likely to be an increase in
imports of articles that are like or directly
competitive with articles which are or were produced
by such firm or subdivision.

The investigation was initiated on March 24, 2005, in response
to a petition filed by a state agency representative on behalf of
workers of Manpower International, Inc. working at Motorola, Inc.,
Embedded Communications Computing Division, Tempe, Arizona (TA-W-
56,280). At the request of a Motorola official, the petition was
expanded to include the workers at Motorola, Inc., Embedded
Communications Computing Division, Tempe, Arizona (TA-W-56,820A).
Workers of Manpower International, Inc., are contracted to
working on-site at Motorola, Inc., Embedded Communications
Computing Division, Tempe, Arizona, and are engaged in flexible
functions, including shipping, receiving, assembly, soldering and
inspection of complex PC boards, bricks, and systems produced by
Motorola, Inc.
It is determined in the case of Manpower International, Inc.
workers at Motorola, Inc., Embedded Communications Computing
Division, Tempe, Arizona (TA-W-56,820), that the requirements of
(a)(2)(B) of Section 222 have been met.
The investigation revealed that employment of Manpower
International, Inc. workers at Motorola, Inc., Embedded
Communications Computing Division, Tempe, Arizona declined from
March 2004 to March 2005. The decline in employment is
attributable to Motorola shifting assembly of circuit boards and
systems to a country (Mexico) that is a party to a free trade
agreement with the United States.
With respect to workers of Motorola, Inc., Embedded
Communications Computing Division, Tempe, Arizona (TA-W-56,820A),
it is determined that the requirements of (a)(2)(A)(I.A.) and
(a)(2)(B)(II.A.) of section 222 have not been met.
Workers of Motorola, Inc., Motorola Computer Group, currently
known as the Embedded Communications Computing Division, Tempe,
Arizona, engaged in the production of printed circuit boards were
certified eligible to apply for trade adjustment assistance under
petition number TA-W-50,671, which expired March 20, 2005.
Since the expiration of that certification, there has been no
decline in employment of Motorola, Inc., Embedded Communications
Computing Division, Tempe, Arizona workers (TA-W-56,820A).
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 within the workers'
industry (i.e., conditions within the industry are
adverse).
The Department has determined that in the case of Manpower
International, Inc. workers at Motorola, Inc., Embedded
Communications Computing Division, Tempe, Arizona (TA-W-56,820)
criterion 2 has not been met. The investigation revealed that the
workers' skills are easily transferable.
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
Motorola, Inc., Embedded Communication Computing Division (TA-W-
56,820A) workers are denied eligibility to apply for TAA, the
workers cannot be certified eligible for ATAA.


Conclusion
After careful review of the facts obtained in the
investigation, I determine that there was a shift in production
from Motorola, Inc., Embedded Communications Computing Division,
Tempe, Arizona, 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:
"Employees of Manpower International, Inc., working at
Motorola, Inc., Embedded Communications Computing Division,
Tempe, Arizona (TA-W-56,820), who became totally or partially
separated from employment on or after March 23, 2004, through
two years from the date of certification, are eligible to
apply for trade adjustment assistance under Section 223 of the
Trade Act of 1974;" and
I further determine that employees of Manpower International,
Inc., working at Motorola, Inc., Embedded Communications Computing
Division, Tempe, Arizona (TA-W-56,820), are denied eligibility to
apply for alternative trade adjustment assistance under Section 246
of the Trade Act of 1974; and


I determine that all workers of Motorola, Inc., Embedded
Communications Computing Division, Tempe, Arizona (TA-W-56,820A),
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 2nd day of May 2005.

/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance