DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-57,378

EMERSON NETWORK POWER
ENERGY SYSTEMS
FORMERLY KNOWN AS MARCONI COMMUNICATION
TOCCOA, GEORGIA

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 June 15, 2005, in response
to a petition filed by a company official on behalf of workers at
Emerson Network Power, Energy Systems, formerly known as Marconi
Communication, Toccoa, Georgia. The workers at the subject firm are
engaged in warehousing and distribution activities for
telecommunications equipment produced in Naucalpan, Mexico.
The investigation revealed that Emerson Network Power, Energy
Systems, formerly known as Marconi Communication, Toccoa, Georgia
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 investigation
revealed that although production of an article(s) occurred within
the firm or appropriate subdivision domestically, the workers
engaged in the warehousing and distribution of telecommunications
equipment does not support this production. 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 obtained in this
investigation, I determine that workers of Emerson Network Power,
Energy Systems, formerly known as Marconi Communication, Toccoa,
Georgia 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 22nd day of June 2005.


/s/ Linda G. Poole

______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance