Petitioner Type: State
Impact Date:
Filed Date: 06/10/2005
Most Recent Update: 06/23/2005
Determination Date: 06/23/2005
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-57,358
NORTHWEST STAFFING RESOURCES
WORKING AT RADISYS CORPORATION
HILLSBORO, 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 June 10, 2005, in response
to a petition filed by a State agency representative on behalf of
workers of Northwest Staffing Resources, working at Radisys
Corporation, Hillsboro, Oregon. The workers are engaged in
activities related to circuit board 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 Northwest Staffing Resources are working at
Radisys Corporation, Hillsboro, Oregon, whose workers have been
certified eligible to apply for trade adjustment assistance under
petition TA-W-56,738. That certification included leased workers
of Employment Trends working on-site at the Radisys plant in
Hillsboro, Oregon.
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 whose workers are
trade affected. That condition is not present for Northwest
Staffing Resources. The Northwest Staffing Resources contract was
exclusively with Employment Trends, 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 Northwest Staffing
Resources, working at Radisys Corporation, Hillsboro, 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 23rd day of June 2005.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance