DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-63,709

RFMD
TRANSCEIVER GROUP
INCLUDING WORKERS EMPLOYED AT SCOTTS VALLEY, CALIFORNIA;
BROOMFIELD, COLORADO; CHANDLER, ARIZONA; AND BILLERICA,
MASSACHUSETTS
GREENSBORO, NORTH CAROLINA

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 July 17, 2008 in
response to a petition filed by a company official on behalf of
workers at RFMD, Transceiver Group, Greensboro, North Carolina.
Workers of the Transceiver Group are engaged in tasks related to
the design and development of transceivers.
The Transceiver Group includes workers employed at Scotts
Valley, California; Broomfield, Colorado; Chandler, Arizona; and
Billerica, Massachusetts. Management of operations is in
Greensboro, North Carolina.
The investigation revealed that the subject 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 domestically,
and there must be a relationship between the workers' work and
the article produced by the workers' firm or appropriate
subdivision. The subject firm does not produce transceivers in
the United States; it sells transceivers produced abroad by
unaffiliated contractors. Product designs developed by the firm
in the United States are not marketed but rather are utilized by
the manufacturing contractors. Since the workers do not support
a firm or appropriate subdivision that produces an article
domestically the worker group cannot be considered import
impacted or affected by a shift in production of an article
abroad.
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 RFMD, Transceiver
Group, Greensboro, North Carolina, and including workers in the
Transceiver Group employed at Scotts Valley, California;
Broomfield, Colorado; Chandler, Arizona; and Billerica,
Massachusetts, 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 August 2008

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