DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-57,201

CDI BUSINESS SOLUTIONS
WORKERS PRODUCING INK PENS EMPLOYED AT HEWLETT PACKARD
CORVALLIS, OREGON

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 May 18, 2005 in response to
a petition filed on behalf of workers of CDI Business Solutions
producing ink pens at Hewlett Packard, Corvallis, Oregon.
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 workers of the subject firm are employed at a Hewlett
Packard facility in Corvallis, Oregon whose workers have been
certified eligible to apply for trade adjustment assistance under
petition TA-W-56,696. That certification included leased workers
of Chimes, Inc. working on-site at the Hewlett Packard plant in
Corvallis.
In determining leased worker eligibility for adjustment
assistance, the Department must firms determine if a contract is in
place. Leased workers may be certified if there is a valid contract
for their services directly with a firm producing an article whose
workers are trade affected. That condition is not present for CDI
Business Solutions which is a third party contractor without a
direct contractual connection to Hewlett Packard. Their contract
was exclusively with Chimes, Inc., not the producing firm.
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 assis-
tance (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 CDI Business
Solutions producing ink pens at Hewlett Packard, Corvallis,
Oregon 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 24th day of June 2005.

/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance