Petitioner Type: Company
Impact Date: 08/09/2004
Filed Date: 08/11/2005
Most Recent Update: 09/12/2005
Determination Date: 09/12/2005
Expiration Date: 09/12/2007
Employment and Training Administration
TA-W-57,715
SANMINA-SCI CORPORATION
ENTERPRISE COMPUTING AND STORAGE DIVISION
INCLUDING LEASED WORKERS OF AEROTEK STAFFING SERVICES
AND REMEDY STAFFING
FOUNTAIN, COLORADO
Certification 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.
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)(B) of
Section 222 have been met.
The investigation was initiated on August 11, 2005 in response
to a petition filed by a company official on behalf of workers of
Sanmina-SCI Corporation, Enterprise Computing and Storage Division,
Fountain, Colorado. The workers produce printed circuit boards and
assemble computer systems. The workers are not separately
identifiable by product.
The subject worker group includes leased workers of Aerotek
Staffing Services and Remedy Staffing. The subject facility
employed the leased workers on-site, and on a contractual basis.
The investigation revealed that sales and production at the
subject facility declined during the period of January through July
of 2005, when compared to the same period in 2004.
Employment at the subject facility also declined during the
period of January through July of 2005, when compared to the same
period in 2004.
Furthermore, the subject facility began shifting some
production to Mexico in April of 2005. Mexico is a party to a free
trade agreement with the United States.
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 addition, in order for the Department to issue a
certification of eligibility to apply for ATAA, the group
eligibility requirements of Section 246 of the Trade Act must be
met. The Department has determined in this case that the
requirements of Section 246 have been met.
A significant number of workers at the firm are age 50 or over
and possess skills that are not easily transferable. Competitive
conditions within the industry are adverse.
Conclusion
After careful review of the facts obtained in the
investigation, I conclude that there was a shift in production from
the workers firm or subdivision to Mexico of articles that are like
or directly competitive with those produced by the subject firm or
subdivision. In accordance with the provisions of the Act, I make
the following certification:
"All workers of Sanmina-SCI Corporation, Enterprise Computing
and Storage Division, including leased workers of Aerotek
Staffing Services and Remedy Staffing, Fountain, Colorado who
became totally or partially separated from employment on or
after August 9, 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 are also
eligible to apply for alternative trade adjustment assistance
under Section 246 of the Trade Act of 1974."
Signed in Washington, D.C. this 12th day of September 2005
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance