Petitioner Type: Workers
Impact Date:
Filed Date: 05/25/2005
Most Recent Update: 07/22/2005
Determination Date: 07/22/2005
Expiration Date:
Employment and Training Administration
TA-W-57,254
HOLCIM (US)
NORTH AMERICAN SERVICE CENTER
IT DEPARTMENT
DUNDEE, MICHIGAN
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 25, 2005, in response
to a petition filed on behalf of workers of Holcim (US), North
American Service Center, IT Department, Dundee, Michigan. The
workers are engaged in IT services in the form of administrative
budgeting, planning, personal computer and software troubleshooting
and the coordination of technical project work.
The investigation revealed that workers of Holcim (US), North
American Service Center, IT Department, Dundee, Michigan, do 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 IT service 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 of the facts in this investigation, I
determine that all workers of Holcim (US), North American Service
Center, IT Department, Dundee, Michigan are denied eligibility to
apply for adjustment assistance under Section 223 of the Trade Act
of 1974, and alternative trade adjustment assistance under Section
246 of the Trade Act of 1974.
Signed in Washington, D.C., this 22nd day of July 2005.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance