Petitioner Type: Workers
Impact Date:
Filed Date: 06/13/2005
Most Recent Update: 09/16/2005
Determination Date: 09/16/2005
Expiration Date:
Employment and Training Administration
TA-W-57,367
TELLABS
REPAIR AND RETURN DEPARTMENT
PETALUMA, CALIFORNIA
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 13, 2005, in response
to a petition filed on behalf of workers of Tellabs, Repair and
Return Department, Petaluma, California. Workers of the subject
division repair telecommunications equipment.
The investigation revealed that Tellabs, Repair and Return
Department, Petaluma, California does 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 repair work performed by the subject division
is entirely post-production, and thus the workers of the subject
facility can not be considered to be in support of production.
Therefore, the subject division does not support a firm or
appropriate subdivision that produces an article domestically and
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 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 Tellabs, Repair
and Return Division Petaluma, California 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 16th day of September 2005
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance