Petitioner Type: Workers
Impact Date:
Filed Date: 04/22/2005
Most Recent Update: 05/31/2005
Determination Date: 05/31/2005
Expiration Date:
Employment and Training Administration
TA-W-57,032
SYMBOL TECHNOLOGIES
LAKE FOREST, CALIFORNIA
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 April 22, 2005, in response
to a petition filed on behalf of workers of Symbol Technologies,
Lake Forest Repair Center, Lake Forest, California. Workers
provide repair services of circuit boards to existing customers and
other Symbol repair facilities.
The investigation revealed that Symbol Technologies, Lake
Forest Repair Center, Lake Forest, California 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 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 Symbol
Technologies, Lake Forest Repair Center, Lake Forest, California
are denied eligibility to apply for adjustment assistance under
Section 223 of the Trade Act of 1974.
Signed in Washington, D.C., this 31st day of May 2005.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance