DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-57,211

AEROTEK
A MEMBER OF ALLEGIS GROUP
LEASED ON-SITE WORKERS AT
HEWLETT-PACKARD COMPANY
CORVALLIS, OREGON

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 19, 2005, in response
to a petition filed by a State agency representative on behalf of
workers of Aerotek, a member of Allegis Group, leased on-site
workers at Hewlett-Packard, Corvallis, Oregon. The workers are
engaged in activities related to ink pen production.
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 Aerotek are employed at Hewlett-Packard,
Corvallis, Oregon whose workers were certified eligible to apply
for trade adjustment assistance (petition TA-W-56,696). That
certification included leased workers of Chimes, Inc. working on-
site at the Hewlett-Packard facility in Corvallis.
In determining leased worker eligibility for adjustment
assistance, the Department must first 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 Aerotek. The Aerotek contract was exclusively with
Chimes, Inc., not the producing firm.
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 this
investigation, I determine that all workers of Aerotek, a member of
Allegis Group, leased on-site 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