U.S. DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-60,879

VIA INFORMATION TOOLS, INC.
TROY, MICHIGAN

Dismissal of Application for Reconsideration


Pursuant to 29 CFR 90.18(C) an application for
administrative reconsideration was filed with the Director of the
Division of Trade Adjustment Assistance for workers at Via
Information Tools, Inc., Troy, Michigan. The application did not
contain new information supporting a conclusion that the
determination was erroneous, and also did not provide a
justification for reconsideration of the determination that was
based on either mistaken facts or a misinterpretation of facts or
of the law. Therefore, dismissal of the application was issued.
TA-W-60,879; Via Information Tools, Inc.
Troy, Michigan (May 22, 2007)

Signed at Washington, D.C. this 24th day of May 2007.


/s/ Ralph DiBattista
RALPH DIBATTISTA
Director, Division of
Trade Adjustment Assistance

4510-FN-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-60,879

VIA INFORMATION TOOLS, INC.
TROY, MICHIGAN

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 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 in response to a petition received
on February 1, 2007, filed by a Michigan State Workforce Representative
on behalf of workers of VIA Information Tools, Inc., Troy, Michigan.
One group of workers develops software code used mainly in the
automotive industry. Another group was engaged in supplying managed
services and technical support of existing software to an outside
customer. The two groups are separately identifiable by function.
The investigation revealed that criteria (a)(2)(A)(I.B) and
(a)(2)(B)(II.B) were not met.
Sales of software did not decline from 2005 to 2006. The subject
firm did not import like or directly competitive software, nor did it
shift production to a foreign country during the relevant time period.
The petitioner cited a shift in software development to a facility
in Costa Rica as the primary impact leading to worker separations at the
subject firm. The investigation revealed, however, that no software
development has been transferred out of the Troy facility. Business
activities at the Costa Rica location are not like or directly
competitive with the software development conducted at the Troy
facility.
Regarding the group engaged in managing services, the investigation
revealed that the decline in employment at the subject firm was a result
of the firm selling its Management Services Division to another company.
Separations at the subject facility are therefore not related to
imports as required for certification under the Trade Act.
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 this investigation, I
determine that all workers of VIA Information Tools, Inc., Troy,
Michigan 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 30th day of March 2007

/s/Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance