Denied
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TAW-63016  /  Electronic Data Systems (Dayton, OH)

Petitioner Type: Workers
Impact Date:
Filed Date: 03/18/2008
Most Recent Update: 04/03/2008
Determination Date: 04/03/2008
Expiration Date:

DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-63,016

ELECTRONIC DATA SYSTEMS INC.
VENDOR MANAGEMENT CENTER
DAYTON, 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 March 18, 2008 in
response to a petition filed on behalf of workers of Electronic
Data Systems Inc., Vendor Management Center, Dayton, Ohio. The
subject workers are engaged in technical support dispatch
services.
The investigation revealed that the subject firm 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
subject workers did not support a firm or appropriate
subdivision that produces an article domestically and thus the
workers cannot be considered import impacted or affected by a
shift in production of an article.
The subject workers dispatch third-party computer technical
support teams to unaffiliated customers.
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 Electronic Data
Systems Inc., Vendor Management Center, Dayton, 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 3rd day of April 2008


/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance