DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-62,894

SIEMENS IT SOLUTIONS AND SERVICES
WORKING ON-SITE AT OWENS CORNING
TOLEDO, OHIO

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 December 12, 2007, in
response to a petition filed by workers of Siemens IT Solutions and
Services, working on-site at Owens Corning, Toledo, Ohio. Workers
at the subject firm provide IT server network support services.
The investigation revealed that the workers do 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 IT workers described above do not
support a firm or appropriate subdivision that produces an article
domestically and thus the worker group cannot be considered import
impacted or affected by a shift in production of an article.
The Owens Corning facility in Toledo is that firm's world
headquarters, and there is no production at the Toledo location.
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 Siemens IT Solutions
and Services, working on-site at Owens Corning, Toledo, Ohio 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 19th day of March 2008

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