Petitioner Type: Workers
Impact Date:
Filed Date: 11/08/2005
Most Recent Update: 12/30/2005
Determination Date: 12/30/2005
Expiration Date:
Employment and Training Administration
TA-W-58,287
AGILENT TECHNOLOGIES
GLOBAL INFRASTRUCTURE SERVICES, CUSTOMER & QUALITY
LOVELAND, COLORADO
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 November 8, 2005 in
response to a petition filed on behalf of workers of the Global
Infrastructure Services: Customer & Quality, Loveland, Colorado.
The workers performed customer service and other communication and
information technology services for Agilent Technologies and its
clients. Work included delivering new processes to make engineering
more effective, the introduction of new IT platforms and the
updating of engineering design tools.
The investigation revealed that workers of Global
Infrastructure Services: Customer & Quality, Loveland, Colorado,
do 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
customer service workers described above 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.
The investigation further revealed that the information
technology service work of the separated workers is being shifted
to India.
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 Global
Infrastructure Services: Customer & Quality, Loveland, Colorado
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 30th day of December, 2005
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance