DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-62,493

ELECTRONIC DATA SYSTEMS
COMPUTER OPERATORS OF THE MAINFRAME DISASTER
RECOVERY TESTING FOR GENERAL MOTORS
FLINT, 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 investigation was initiated on November 23, 2007, in
response to a petition filed on behalf of computer operators of
Electronic Data Systems, General Motors Mainframe Disaster Recovery
Testing, Flint, Michigan. The workers were computer operators
engaged in the testing of mainframe recovery procedures for EDS's
client General Motors.
The investigation revealed that this worker group 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 computer operators of Electronic
Data Systems engaged in the testing of mainframe recovery
procedures for General Motors do not directly support production
of an article either at the subject firm, Electronic Data
Systems, or their client, General Motors. Thus this 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 assis-
tance (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 computer operators of Electronic
Data Systems, General Motors Mainframe Disaster Recovery Testing,
Flint, Michigan 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 16th day of January 2008


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