Denied
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TAW-57169  /  Management Decisons of South Carolina (Schenectady, NY)

Petitioner Type: Workers
Impact Date:
Filed Date: 05/13/2005
Most Recent Update: 06/21/2005
Determination Date: 06/21/2005
Expiration Date:


DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-57,169

MANAGEMENT DECISIONS OF SOUTH CAROLINA
A DIVISION OF MANAGEMENT DECISIONS, INC.
WORKING AT GE ENERGY
SCHENECTADY, NEW YORK

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 May 13, 2005 in response to
a petition filed on behalf of workers of Management Decisions of
South Carolina, a division of Management Decisions, Inc., working
at GE Energy, Schenectady, New York. The petitioning worker group
maintained a database.
The workers of Management Decisions of South Carolina, a
division of Management Decisions, Inc., under contract with GE
Energy to perform the database work on-site at GE Energy in
Schenectady, New York.
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 domestically and there must be a
relationship between the workers' work and the article produced by
the workers' firm or appropriate subdivision. The investigation
revealed that although production of an article(s) occurred within
GE Energy, Schenectady, New York, the database management workers
do not support this production. Thus, the worker group cannot 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 of the facts obtained in the
investigation, I determine that all workers of Management Decisions
of South Carolina, a division of Management Decisions, Inc.,
working at GE Energy, Schenectady, New York, 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 21st day of June 2005.

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