Denied
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TAW-59257  /  Systems West Computer Resource (Oak Brook, IL)

Petitioner Type: Company
Impact Date:
Filed Date: 04/21/2006
Most Recent Update: 06/01/2006
Determination Date: 06/01/2006
Expiration Date:

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-59,257

SYSTEMS WEST COMPUTER RESOURCES
WORKING ON-SITE AT EXELON CORPORATION COMMERCIAL CENTER
OAKBROOK, ILLINOIS

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 group eligibility
requirements for directly-impacted (primary) workers under Section
222(a) the Trade Act of 1974, as amended, can be satisfied in
either of two ways:
I. Section (a)(2)(A) all of the following must be satisfied:
A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm,
have become totally or partially separated, or are
threatened to become totally or partially separated;
B. the sales or production, or both, of such firm or
subdivision have decreased absolutely; and
C. increased imports of articles like or directly competitive
with articles produced by such firm or subdivision have
contributed importantly to such workers' separation or
threat of separation and to the decline in sales or
production of such firm or subdivision; or



II. Section (a)(2)(B) both of the following must be satisfied:

A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm,
have become totally or partially separated, or are
threatened to become totally or partially separated;
B. there has been a shift in production by such workers' firm
or subdivision to a foreign country of articles like or
directly competitive with articles which are produced by
such firm or subdivision; and

C. One of the following must be satisfied:
1. the country to which the workers' firm has shifted
production of the articles is a party to a free trade
agreement with the United States;
2. the country to which the workers' firm has shifted
production of the articles is a beneficiary country
under the Andean Trade Preference Act, African Growth
and Opportunity Act, or the Caribbean Basin Economic
Recovery Act; or
3. there has been or is likely to be an increase in
imports of articles that are like or directly
competitive with articles which are or were produced
by such firm or subdivision.

The investigation was initiated on April 21, 2006, in response
to a petition filed by a company official on behalf of workers of
Systems West Computer Resources, working on-site at Exelon
Corporation, Oakbrook, Illinois. Workers at the subject firm
provide computer programming services on-site at Exelon
Corporation, Commercial Center, Oakbrook, Illinois
The investigation revealed that criteria (a)(2)(A)(I.C) and
(a)(2)(B)(II.B) have not been met.
The subject firm did not import the computer programming
services.
Furthermore, the subject firm did not shift the production of
computer programming services abroad during full year 2004, 2005,
or the periods of January through April 2005 and January through
April 2006.
The investigation revealed that workers at the subject firm
serve as utility contractors on-site at Exelon Corporation,
Commercial Center, Oakbrook, Illinois. Workers work on systems
integration and software projects to assist Exelon with their
overall technological needs.
In addition, the reason for the separation of workers at the
subject firm working on-site at Exelon was due to project
completion of a contract for services rendered.
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 Systems West
Computer Resources, working on-site at Exelon Corporation,
Oakbrook, Illinois 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 June 2006

/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance