Petitioner Type: Workers
Impact Date: 01/10/2005
Filed Date: 01/12/2006
Most Recent Update: 01/25/2006
Determination Date: 01/25/2006
Expiration Date: 01/25/2008
Employment and Training Administration
TA-W-58,616
LINN BENTON COMMUNITY COLLEGE
WORKING ON-SITE AT
HEWLETT-PACKARD COMPANY
CORVALLIS, OREGON
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Negative Determination Regarding Eligibility to Apply for
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 January 12, 2006 in
response to a petition filed on behalf of employees of Linn
Benton Community College, Corvallis, Oregon working on-site at
Hewlett-Packard Company, Corvallis, Oregon. The Hewlett-Packard
workers produced inkjet cartridges.
The investigation revealed that workers of Linn Benton
Community College, were contracted to Hewlett-Packard Company,
Corvallis, Oregon during the relevant period.
The investigation revealed that Linn Benton Community
College employment on-site at Hewlett-Packard Company, Corvallis,
Oregon declined during relevant the period.
The investigation further revealed that workers of Hewlett-
Packard Company, Corvallis, Oregon were certified eligible to
apply for trade adjustment assistance under petition number TA-W-
56,696, which expires on April 7, 2007.
The preponderance in the declines in employment at the
subject plant is related to a shift in plant production of inkjet
cartridges to country (Singapore) that is a party to free trade
agreement with the United States.
In accordance with Section 246 of 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.
The group eligibility criteria for the ATAA program tha the
Department must consider under Section 246 of the Trade Act are:
1. Whether a significant number of workers in the
workers' firm are 50 years of age or older.
2. Whether the workers in the workers' firm possess
skills that are not easily transferable.
3. The competitive conditions within the workers'
industry (i.e., conditions within the industry are
adverse).
The Department has determined that criterion 1 has not been
met.
The investigation revealed that none of the Linn Benton
Community College workers are 50 years of age or older.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that there was a shift in production
from the workers firm or subdivision to Singapore or articles
that are like or directly competitive with those produced by
Hewlett-Packard Company, Corvallis, Oregon, contributed
importantly to the total or partial separation of Linn Benton
Community College workers working on-site at Hewlett-Packard
Company, Corvallis, Oregon.
In accordance with the provisions of the Act, I make the
following certification:
"Workers of Linn Benton Community College, working on-site
at Hewlett-Packard Company, Corvallis, Oregon, who became
totally or partially separated from employment on or after
January 10, 2005 through two years from the date of
certification are eligible to apply for adjustment assis-
tance under Section 223 of the Trade Act of 1974."
I further determine that all workers of Linn Benton
Community College, working on-site at Hewlett-Packard
Company, Corvallis, Oregon, are denied eligibility to apply
for alternative trade adjustment assistance under Section
246 of the Trade Act of 1974.
Signed at Washington, D.C., this 25th day of January, 2006.
/s/ Elliott S. Kushner
___________ __
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance