Petitioner Type: Company
Impact Date:
Filed Date: 11/29/2005
Most Recent Update: 12/22/2005
Determination Date: 12/22/2005
Expiration Date:
Employment and Training Administration
TA-W-58,414
QUANTUM CORPORATION
SAN JOSE, CALIFORNIA
TA-W-58,414A
QUANTUM CORPORATION
IRVINE, CALIFORNIA
TA-W-58,414B
QUANTUM CORPORATION
BOULDER, COLORADO
TA-W-58,414C
QUANTUM CORPORATION
COLORADO SPRINGS, COLORADO
TA-W-58,414D
QUANTUM CORPORATION
COSTA MESA, CALIFORNIA
Negative Determinations 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 29, 2005, in
response to a petition filed by a company official on behalf of
workers of Quantum Corporation, San Jose, California (TA-W-58,414),
Irvine, California (TA-W-58,414A), Boulder, Colorado (TA-W-
58,414B), Colorado Springs (TA-W-58,414C), and Costa Mesa,
California (TA-W-58,414D). Workers at all facilities except Costa
Mesa are engaged in logistics, procurement, design engineering,
sales, and marketing in support of automated tape drive products
produced abroad. Workers at the Costa Mesa facility are engaged in
value-added manufacturing of tape drives. Workers are separately
identifiable by location.
With respect to workers of the facilities in San Jose and
Irvine California, and at Boulder and Colorado Springs, Colorado,
it has been determined that the subject firm 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 groups
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 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.
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.
With respect to workers at the Costa Mesa facility, the
petitioning group of workers is currently covered by an active
certification issued on July 28, 2005 which remains in effect
(TA-W-57,415). Consequently, further investigation in this case
would serve no purpose, and the investigation has been
terminated.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that all workers from Quantum
Corporation, San Jose, California (TA-W-58,414), Irvine, California
(TA-W-58,414A), Boulder, Colorado (TA-W-58,414B), and Colorado
Springs, Colorado (TA-W-58,414C) are denied eligibility to apply
for adjustment assistance under Section 223 of the Trade Act of
1974, and alternative trade adjustment assistance under Section 246
of the Trade Act of 1974.
Signed in Washington, D.C., this 22nd day of December 2005
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance