Denied
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TAW-59559  /  ExpressPoint Technology Services (Lincoln, CA)

Petitioner Type: State
Impact Date:
Filed Date: 06/13/2006
Most Recent Update: 06/26/2006
Determination Date: 06/26/2006
Expiration Date:

DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-59,559

EXPRESSPOINT TECHNOLOGY SERVICES
LINCOLN, CALIFORNIA

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 June 13, 2006, in
response to a petition filed by a State agency representative on
behalf of workers of ExpressPoint Technology Services, Lincoln,
California. The workers performed work related to repairing and
refurbishing electronic equipment and computers.
The investigation revealed that ExpressPoint Technology
Services, Lincoln, California, 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 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 electronic repair technicians 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 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, I determine that all workers of
ExpressPoint Technology Services, Lincoln, California 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 26th day of June, 2006


/s/Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance