Petitioner Type: Company
Impact Date:
Filed Date: 08/19/2005
Most Recent Update: 09/01/2005
Determination Date: 09/01/2005
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-57,800
NUVO NETWORK CORPORATION
A SUBSIDIARY OF NUVO NETWORK MANAGEMENT, INC.
PENNSAUKEN, NEW JERSEY
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 August 19, 2005, in
response to a petition filed by a company official on behalf of
workers of Nuvo Network Corporation, A Subsidiary of Nuvo Network
Management, Inc., Pennsauken, New Jersey. The workers performed
network monitoring services.
The investigation revealed that Nuvo Network Corporation, A
Subsidiary of Nuvo Network Management, Inc., Pennsauken, New
Jersey, 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 network
service workers do not support a firm or appropriate subdivision
that produces an article domestically and 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 the
investigation, I determine that all workers of Nuvo Network
Corporation, A Subsidiary of Nuvo Network Management, Inc.,
Pennsauken, New Jersey 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 1st day of September 2005
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance