Petitioner Type: Company
Impact Date: 11/06/2007
Filed Date: 11/10/2008
Most Recent Update: 12/09/2008
Determination Date: 12/09/2008
Expiration Date: 12/09/2010
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-64,391
HARRIS STRATEX NETWORKS CORPORATION
CURRENTLY KNOWN AS AVIAT U.S., INC.
DBA AVIAT NETWORKS, INC.
PRODUCTION DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM
MANPOWER, GREEN RESOURCES AND VOLT TECHNICAL RESOURCES
SAN ANTONIO, TEXAS
Amended Certification Regarding Eligibility to
Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), and Section 246 of the Trade Act of 1974 (26 USC
2813), as amended, the Department of Labor issued a Certification
Regarding Eligibility to Apply for Worker Adjustment Assistance
and Alternative Trade Adjustment Assistance on December 9, 2008,
applicable to workers of Harris Stratex Networks Corporation,
Production Division, including on-site leased workers from
Manpower, Green Resources, and Volt Technical Resources, San
Antonio, Texas. The notice was published in the Federal Register
on December 30, 2008 (73 FR 79914).
At the request of the State agency, the Department reviewed
the certification for workers of the subject firm. The workers
were engaged in the production of Truepoint 5000 XCVR microwave
radios and are separately identifiable from workers producing
other microwave radios.
New information shows that following an earlier merger,
Harris Stratex Networks, Inc. is currently known as Aviat U.S.,
Inc., dba Aviat Networks, Inc. Workers separated from employment
at the subject firm have their wages reported under a separate
unemployment insurance (UI) tax account under the name Aviat
U.S., Inc., dba Aviat Networks, Inc.
Accordingly, the Department is amending this certification
to properly reflect this matter.
The intent of the Department’s certification is to include
all workers of the subject firm who were adversely affected by
increased imports following a shift in production to Malaysia and
Taiwan.
The amended notice applicable to TA-W-64,391 is hereby
issued as follows:
"All workers of Harris Stratex Networks Corporation,
currently known as Aviat U.S., Inc., dba Aviat Networks,
Inc., Production Division, engaged in employment related to
the production of Truepoint 5000 XCVR microwave radios,
including on-site leased workers from Manpower, Green
Resources, and Volt Technical Services, San Antonio, Texas,
who became totally or partially separated from employment on
or after November 6, 2007, through December 9, 2010, are
eligible to apply for adjustment assistance under Section
223 of the Trade Act of 1974, and are also eligible to apply
for alternative trade adjustment assistance under Section
246 of the Trade Act of 1974.”
Signed at Washington, D.C. this 25th day of May 2010.
/s/ Elliott S. Kushner
________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-64,391
HARRIS STRATEX NETWORKS CORPORATION
PRODUCTION DIVISION
INCLUDING ON-SITE LEASED WORKERS OF MANPOWER
GREEN RESOURCES, AND VOLT TECHNICAL RESOURCES
SAN ANTONIO, TEXAS
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), as amended, the Department of Labor herein presents the
results of its investigation regarding certification of eligibility
to apply for worker adjustment assistance.
In order to make an affirmative determination and issue a
certification of eligibility to apply for Trade Adjustment
Assistance, the group eligibility requirements in either paragraph
(a)(2)(A) or (a)(2)(B) of Section 222 of the Trade Act must be met.
It is determined in this case that the requirements of (a)(2)(B) of
Section 222 have been met.
This investigation was initiated on November 10, 2008 in
response to a petition filed by company officials on behalf of
workers of Harris Stratex Networks Corporation, Production
Division, San Antonio, Texas. The workers produce Truepoint 5000
XCVR microwave radios and are separately identifiable from workers
producing other microwave radios.
The investigation revealed that the worker group includes on-
site leased workers from Manpower, Green Resources, and Volt
Technical Resources, San Antonio, Texas.
Employment of workers producing Truepoint 5000 XCVR microwave
radios has decreased from 2007 to November 2008.
The subject firm has begun shifting production of Truepoint
5000 XCVR microwave radios from the San Antonio, Texas facility to
Taiwan and Malaysia.
Company imports of Truepoint 5000 XCVR microwave radios from
Taiwan and Malaysia have increased.
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 group eligibility requirements
of Section 246 of the Trade Act must be met. The Department has
determined in this case that the requirements of Section 246 have
been met.
A significant number of workers at the firm are age 50 or over
and possess skills that are not easily transferable. Competitive
conditions within the industry are adverse.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that there was a shift in production
from the workers’ firm or subdivision to Taiwan and Malaysia of
Truepoint 5000 XCVR microwave radios that are like or directly
competitive with those produced by the subject firm or subdivision,
and there has been or is likely to be an increase in imports of
like or directly competitive articles. In accordance with the
provisions of the Act, I make the following certification:
"Workers of Harris Stratex Networks Corporation, Production
Division, engaged in employment related to the production of
Truepoint 5000 XCVR microwave radios, including on-site leased
workers from Manpower, Green Resources, and Volt Technical
Services, San Antonio, Texas, who became totally or partially
separated from employment on or after November 6, 2007 through
two years from the date of certification are eligible to apply
for adjustment assistance under Section 223 of the Trade Act
of 1974, and are also eligible to apply for alternative trade
adjustment assistance under Section 246 of the Trade Act of
1974.
Signed in Washington, D.C., this 9th day of December 2008
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
2
Employment and Training Administration
TA-W-64,391
HARRIS STRATEX NETWORKS CORPORATION
CURRENTLY KNOWN AS AVIAT U.S., INC.
DBA AVIAT NETWORKS, INC.
PRODUCTION DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM
MANPOWER, GREEN RESOURCES AND VOLT TECHNICAL RESOURCES
SAN ANTONIO, TEXAS
Amended Certification Regarding Eligibility to
Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), and Section 246 of the Trade Act of 1974 (26 USC
2813), as amended, the Department of Labor issued a Certification
Regarding Eligibility to Apply for Worker Adjustment Assistance
and Alternative Trade Adjustment Assistance on December 9, 2008,
applicable to workers of Harris Stratex Networks Corporation,
Production Division, including on-site leased workers from
Manpower, Green Resources, and Volt Technical Resources, San
Antonio, Texas. The notice was published in the Federal Register
on December 30, 2008 (73 FR 79914).
At the request of the State agency, the Department reviewed
the certification for workers of the subject firm. The workers
were engaged in the production of Truepoint 5000 XCVR microwave
radios and are separately identifiable from workers producing
other microwave radios.
New information shows that following an earlier merger,
Harris Stratex Networks, Inc. is currently known as Aviat U.S.,
Inc., dba Aviat Networks, Inc. Workers separated from employment
at the subject firm have their wages reported under a separate
unemployment insurance (UI) tax account under the name Aviat
U.S., Inc., dba Aviat Networks, Inc.
Accordingly, the Department is amending this certification
to properly reflect this matter.
The intent of the Department’s certification is to include
all workers of the subject firm who were adversely affected by
increased imports following a shift in production to Malaysia and
Taiwan.
The amended notice applicable to TA-W-64,391 is hereby
issued as follows:
"All workers of Harris Stratex Networks Corporation,
currently known as Aviat U.S., Inc., dba Aviat Networks,
Inc., Production Division, engaged in employment related to
the production of Truepoint 5000 XCVR microwave radios,
including on-site leased workers from Manpower, Green
Resources, and Volt Technical Services, San Antonio, Texas,
who became totally or partially separated from employment on
or after November 6, 2007, through December 9, 2010, are
eligible to apply for adjustment assistance under Section
223 of the Trade Act of 1974, and are also eligible to apply
for alternative trade adjustment assistance under Section
246 of the Trade Act of 1974.”
Signed at Washington, D.C. this 25th day of May 2010.
/s/ Elliott S. Kushner
________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-64,391
HARRIS STRATEX NETWORKS CORPORATION
PRODUCTION DIVISION
INCLUDING ON-SITE LEASED WORKERS OF MANPOWER
GREEN RESOURCES, AND VOLT TECHNICAL RESOURCES
SAN ANTONIO, TEXAS
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), as amended, the Department of Labor herein presents the
results of its investigation regarding certification of eligibility
to apply for worker adjustment assistance.
In order to make an affirmative determination and issue a
certification of eligibility to apply for Trade Adjustment
Assistance, the group eligibility requirements in either paragraph
(a)(2)(A) or (a)(2)(B) of Section 222 of the Trade Act must be met.
It is determined in this case that the requirements of (a)(2)(B) of
Section 222 have been met.
This investigation was initiated on November 10, 2008 in
response to a petition filed by company officials on behalf of
workers of Harris Stratex Networks Corporation, Production
Division, San Antonio, Texas. The workers produce Truepoint 5000
XCVR microwave radios and are separately identifiable from workers
producing other microwave radios.
The investigation revealed that the worker group includes on-
site leased workers from Manpower, Green Resources, and Volt
Technical Resources, San Antonio, Texas.
Employment of workers producing Truepoint 5000 XCVR microwave
radios has decreased from 2007 to November 2008.
The subject firm has begun shifting production of Truepoint
5000 XCVR microwave radios from the San Antonio, Texas facility to
Taiwan and Malaysia.
Company imports of Truepoint 5000 XCVR microwave radios from
Taiwan and Malaysia have increased.
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 group eligibility requirements
of Section 246 of the Trade Act must be met. The Department has
determined in this case that the requirements of Section 246 have
been met.
A significant number of workers at the firm are age 50 or over
and possess skills that are not easily transferable. Competitive
conditions within the industry are adverse.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that there was a shift in production
from the workers’ firm or subdivision to Taiwan and Malaysia of
Truepoint 5000 XCVR microwave radios that are like or directly
competitive with those produced by the subject firm or subdivision,
and there has been or is likely to be an increase in imports of
like or directly competitive articles. In accordance with the
provisions of the Act, I make the following certification:
"Workers of Harris Stratex Networks Corporation, Production
Division, engaged in employment related to the production of
Truepoint 5000 XCVR microwave radios, including on-site leased
workers from Manpower, Green Resources, and Volt Technical
Services, San Antonio, Texas, who became totally or partially
separated from employment on or after November 6, 2007 through
two years from the date of certification are eligible to apply
for adjustment assistance under Section 223 of the Trade Act
of 1974, and are also eligible to apply for alternative trade
adjustment assistance under Section 246 of the Trade Act of
1974.
Signed in Washington, D.C., this 9th day of December 2008
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
2