Petitioner Type: Workers
Impact Date: 11/04/2004
Filed Date: 11/17/2005
Most Recent Update: 12/19/2005
Determination Date: 12/19/2005
Expiration Date: 12/19/2007
Employment and Training Administration
TA-W-58,369
AGERE SYSTEMS, INC.
INCLUDING AN ON-SITE LEASED EMPLOYEE OF
MICROTRONIC, INC.
ORLANDO, FLORIDA
Amended 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 (19
USC 2273), and Section 246 of the Trade Act of 1974 (26 USC
2813), as amended, the Department of Labor issued a Certification
of Eligibility to Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance on December 19, 2005,
applicable to workers of Agere Systems, Inc, Orlando, Florida.
The notice was published in the Federal Register on January 10,
2006 (71 FR 1556). The certification was amended on April 19,
2006 to extend eligibility to apply for alternative trade
adjustment assistance to the workers of the subject firm. The
notice was published in the Federal Register on April 28, 2006
(71 FR 25240)
At the request of a company official, the Department
reviewed the certification for workers of the subject firm. The
workers were engaged in the production of integrated circuits.
New information shows that a leased worker of Microtronic,
Inc. was employed on-site at the Orlando, Florida location of
Agere Systems, Inc.
Based on these finding, the Department is amending this
certification to include a leased worker of Microtronic, Inc.,
working on-site at Agere Systems, Inc., Orlando, Florida
The intent of the Department’s certification is to include
all workers employed at Agere Systems, Inc., Orlando, Florida who
was adversely affected by increased customer imports.
The amended notice applicable to TA-W-58,341 is hereby
issued as follows:
"All workers of Agere Systems, Inc., including an on-
site leased worker of Microtronic, Inc., Orlando,
Florida, who became totally or partially separated from
employment on or after November 3, 2004, through
December 19, 2007, 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 at Washington, D.C., this 3rd day of July 2006
/s/ Richard Church
_______________________________
RICHARD CHURCH
Certifying Officer, Division
of Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-58,369
AGERE SYSTEMS, INC.
ORLANDO, FLORIDA
Certification Regarding Eligibility
To Apply for Worker 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 November 17, 2005 in
response to a petition filed on behalf of workers at Agere Systems,
Inc, Orlando, Florida. The workers at the subject firm produced
integrated circuits.
The investigation revealed that production and employment at
the subject firm decreased during the period of January through
October of 2005 over the corresponding period in 2004.
The Department of Labor surveyed the subject firm’s major
declining customers regarding their purchases of integrated
circuits. The survey revealed increased customer imports of
integrated circuits during the period of January through October
2005 over the corresponding 2004 period.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that an increase in imports of articles
like or directly competitive with integrated circuits produced at
the subject firm 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 Agere Systems, Inc., Orlando, Florida, who
became totally or partially separated from employment on or
after November 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."
Signed in Washington, D. C. this 19th day of December 2005.
/s/ Elliott S. Kushner
_______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance