Denied
« back to search results

TAW-64366  /  Hewlett Packard Company (San Diego, CA)

Petitioner Type: Workers
Impact Date:
Filed Date: 11/06/2008
Most Recent Update: 02/09/2009
Determination Date: 02/09/2009
Expiration Date:

DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-64,366

HEWLETT PACKARD COMPANY
DESIGN DELIVERY ORGANIZATION
SAN DIEGO, CALIFORNIA

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 6, 2008 in
response to a petition filed on behalf of the workers of Hewlett
Packard Company, Design Delivery Organization, San Diego,
California. The workers performed testing services including
software/hardware testing, printer and component testing, and
climatic testing.
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 investigation
revealed that although production of an article(s) occurred within
the firm or appropriate subdivision, the distribution center
workers described above do not support this production. Thus the
worker group cannot be considered import impacted or affected by a
shift in production of an article.
Although workers at various other Hewlett Packard Company
locations are covered under active certifications, the
investigation revealed that the workers of the Design Delivery
Organization in San Diego, California did not support the
production at any of these facilities.
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 Hewlett Packard
Company, Design Delivery Organization, San Diego, California 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.
Signed in Washington, D.C., this 9th day of February 2009


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