Petitioner Type: State
Impact Date: 06/03/2004
Filed Date: 06/20/2005
Most Recent Update: 07/28/2005
Determination Date: 07/28/2005
Expiration Date: 07/28/2007
Employment and Training Administration
TA-W-57,415
QUANTUM CORP.
FORMERLY KNOWN AS CERTANCE
COSTA MESA, CALIFORNIA
Certification Regarding Eligibility
To Apply For Worker Adjustment Assistance and
Negative Determination Regarding Eligibility To Apply For
Alternative Trade Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), as amended, the Department of Labor herein presents the
results of its investigation regarding certification of eligibility
to apply for worker adjustment assistance.
In order to make an affirmative determination and issue a
certification of eligibility to apply for Trade Adjustment
Assistance, the group eligibility requirements in either paragraph
(a)(2)(A) or (a)(2)(B) of Section 222 of the Trade Act must be met.
It is determined in this case that the requirements of (a)(2)(A) of
Section 222 have been met.
The investigation was initiated on June 20, 2005 in response
to a petition filed by a state agency representative on behalf of
workers at Quantum Corp., formerly known as Certance, Costa Mesa,
California. Workers at the subject firm are engaged in value-added
manufacturing of tape drives.
The investigation revealed that production and employment at
the subject firm declined during the period of January through May
2005 when compared to the same period in 2004.
The Department of Labor surveyed the subject firm's major
declining customers regarding their purchases of tape drives in
2003, 2004 and January through May 2005. This survey revealed
increased imports of tape drives during the relevant period.
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.
The group eligibility criteria for the ATAA program
that the Department must consider under Section 246 of the
Trade Act are:
1. Whether a significant number of workers in the workers'
firm are 50 years of age or older.
2. Whether the workers in the workers' firm possess skills
that are not easily transferable.
3. The competitive conditions within the workers' industry
(i.e., conditions within the industry are adverse).
The Department has determined that criterion (3) has not
been met.
The investigation revealed that competitive conditions within
the computer storage device industry are not adverse.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with tape drives produced at Quantum
Corp., formerly known as Certance, Costa Mesa, California
contributed importantly to the total or partial separation of
workers and to the decline in sales or production at that firm or
subdivision. In accordance with the provisions of the Act, I make
the following certification:
"All workers of Quantum Corp., formerly known as Certance,
Costa Mesa, California who became totally or partially
separated from employment on or after June 3, 2004 through two
years from the date of certification are eligible to apply for
adjustment assistance under Section 223 of the Trade Act of
1974;" and
I further determine that all workers Quantum Corp., formerly
known as Certance, Costa Mesa, California are denied eligibility to
apply for alternative trade adjustment assistance under Section 246
of the Trade Act of 1974.
Signed in Washington, D.C., this 28th day of July 2005.
/s/ Linda G. Poole
_____________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance