U.S. DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-61,268

HEWLETT-PACKARD COMPANY
TECHNOLOGY SOLUTIONS GROUP – GLOBAL MISSION CRITICAL SOLUTION
CENTER – NONSTOP TECH/PROACTIVE
AUSTIN, TEXAS

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 Hewlett-
Packard Company, Technology Solutions Group – Global Mission
Critical Solution Center – Nonstop Tech/Proactive, Austin, Texas.
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-61,268; Hewlett-Packard Company
Technology Solutions Group – Global Mission
Critical Solution Center – Nonstop Tech/Proactive
Austin, Texas (July 3, 2007)

Signed at Washington, D.C. this 9th day of July 2007.


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

4510-FN-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-61,268

HEWLETT-PACKARD COMPANY
TECHNOLOGY SOLUTIONS GROUP – GLOBAL MISSION CRITICAL SOLUTION CENTER –
NONSTOP TECH/PROACTIVE
AUSTIN, TEXAS

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 April 10, 2007, in response to a
petition filed by a state agency representative on behalf of workers of
Hewlett-Packard Company, Technology Solutions Group – Global Mission
Critical Solution Center – NonStop Tech/Proactive, Austin, Texas. The
petitioning worker, identified by the state, on the petition, on whose
behalf the petition was filed, was engaged in customer advocacy. The
worker was assigned to Hewlett-Packard’s (HP) internal and external
customer accounts and ran reports for the customers that provided the
details and status of technical service cases. The worker group that
the individual was employed under, Global Mission Critical Solution
Center (GMCSC), provides a single point of contact for hardware/software
inquiries or service requests, staffed by highly trained technical
analysts (customer advocates and technical specialists), utilizing
modern diagnostic tools to remotely respond to customer needs.
The investigation revealed that Hewlett-Packard Company, Technology
Solutions Group – Global Mission Critical Solution Center – NonStop
Tech/Proactive, Austin, Texas, 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 investigation revealed
that although production of an article(s) occurs within the firm or
appropriate subdivision, the workers that engage in customer advocacy
and technical support does not support this production. Thus the worker
group cannot 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 of the facts obtained in this investigation, I
determine that all workers of Hewlett-Packard Company, Technology
Solutions Group – Global Mission Critical Solution Center – NonStop
Tech/Proactive, Austin, Texas, 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 at Washington, D.C. this 18th day of May 2007

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