Petitioner Type: Workers
Impact Date:
Filed Date: 11/17/2008
Most Recent Update: 12/24/2008
Determination Date: 12/24/2008
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-64,442
TECHNOLOGY ASSOCIATES, INC.
D/B/A RANAL
MEASUREMENT POINT DIVISION
AUBURN, MICHIGAN
Notice of Negative Determination
Regarding Application for Reconsideration
By application dated January 22, 2009, workers requested
administrative reconsideration of the Department's negative
determination regarding eligibility for workers and former
workers of Technologies Associates Inc., d/b/a Ranal, Measurement
Point division, Auburn, Michigan (subject firm) to apply for
Trade Adjustment Assistance (TAA) and Alternative Trade
Adjustment Assistance (ATAA).
The negative determination was issued on December 24, 2008.
The Department’s Notice of negative determination was published
in the Federal Register on January 14, 2009 (74 FR 2139). The
workers perform engineering service related to measurement points
on component parts for the automotive industry. The denial was
based on the finding that the subject firm does not produce an
article within the meaning of Section 222(a)(2) of the Act.
The workers’ request for reconsideration stated that “the
petitioners were support personnel to General Motors . . .
General Motors has trained workers in India to perform functions
that we use[d] to perform and shipped work there . . . If work
was not being disbursed to India that work would be available to
domestic workers.”
Pursuant to 29 CFR 90.18(c), administrative reconsideration
may be granted under the following circumstances:
(1) If it appears on the basis of facts not previously
considered that the determination complained of
was erroneous;
(2) if it appears that the determination complained of
was based on a mistake in the determination of facts
not previously considered; or
(3) if in the opinion of the Certifying Officer, a mis-
interpretation of facts or of the law justified
reconsideration of the decision.
The Department has consistently determined that articles
(whether tangible or intangible) produced incidental to the
provision of a service are not considered articles for purposes
of the Trade Act of 1974. Further, even if the “Measurement
Point Drawings and Electronic Measurement files” were articles,
for purposes of the Trade Act, the shift of production was not by
the subject firm but by the firm’s customer (General Motors).
In order to apply for TAA, the subject worker group must
meet the group eligibility requirements for directly-impacted
(primary) workers under Section 222(a) the Trade Act of 1974, as
amended, based on a shift of production, the Department must find
that there has been a shift in production by such workers’ firm
or subdivision to a foreign country of articles like or directly
competitive with articles which are produced by such firm or
subdivision.
After careful review of the request for reconsideration, the
support documentation, and previously submitted materials, the
Department determines that there is no new information that
supports a finding that Section 222 of the Trade Act of 1974 was
satisfied and that no mistake or misinterpretation of the facts
or of the law with regards to the number or proportion of workers
separated from the subject firm during the relevant period.
Conclusion
After review of the application and investigative findings,
I conclude that there has been no error or misinterpretation of
the law or of the facts which would justify reconsideration of
the Department of Labor's prior decision. Accordingly, the
application is denied.
Signed at Washington, D.C. this 3rd day of March 2009
/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-64,442
TECHNOLOGY ASSOCIATES INC.,
D/B/A RANAL
MEASUREMENT POINT DIVISION
AUBURN, MICHIGAN
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 17, 2008 in
response to a petition filed on behalf of workers of Technologies
Associates Inc., d/b/a Ranal, Measurement Point division, Auburn,
Michigan. The workers are engaged in performing engineering service
related to measurement points on component parts for the automotive
industry.
The investigation revealed that Technologies Associates Inc.,
d/b/a Ranal, Measurement Point division, Auburn, Michigan, 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 engineering service workers described
above do not support a firm or appropriate subdivision that
produces an article domestically. Thus, the worker group can not be
considered import impacted or affected by a shift in production of
an article.
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 Technologies
Associates Inc., d/b/a Ranal, Measurement Point division, Auburn,
Michigan 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 24th day of December, 2008
/s/Linda G. Poole
____________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
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Employment and Training Administration
TA-W-64,442
TECHNOLOGY ASSOCIATES, INC.
D/B/A RANAL
MEASUREMENT POINT DIVISION
AUBURN, MICHIGAN
Notice of Negative Determination
Regarding Application for Reconsideration
By application dated January 22, 2009, workers requested
administrative reconsideration of the Department's negative
determination regarding eligibility for workers and former
workers of Technologies Associates Inc., d/b/a Ranal, Measurement
Point division, Auburn, Michigan (subject firm) to apply for
Trade Adjustment Assistance (TAA) and Alternative Trade
Adjustment Assistance (ATAA).
The negative determination was issued on December 24, 2008.
The Department’s Notice of negative determination was published
in the Federal Register on January 14, 2009 (74 FR 2139). The
workers perform engineering service related to measurement points
on component parts for the automotive industry. The denial was
based on the finding that the subject firm does not produce an
article within the meaning of Section 222(a)(2) of the Act.
The workers’ request for reconsideration stated that “the
petitioners were support personnel to General Motors . . .
General Motors has trained workers in India to perform functions
that we use[d] to perform and shipped work there . . . If work
was not being disbursed to India that work would be available to
domestic workers.”
Pursuant to 29 CFR 90.18(c), administrative reconsideration
may be granted under the following circumstances:
(1) If it appears on the basis of facts not previously
considered that the determination complained of
was erroneous;
(2) if it appears that the determination complained of
was based on a mistake in the determination of facts
not previously considered; or
(3) if in the opinion of the Certifying Officer, a mis-
interpretation of facts or of the law justified
reconsideration of the decision.
The Department has consistently determined that articles
(whether tangible or intangible) produced incidental to the
provision of a service are not considered articles for purposes
of the Trade Act of 1974. Further, even if the “Measurement
Point Drawings and Electronic Measurement files” were articles,
for purposes of the Trade Act, the shift of production was not by
the subject firm but by the firm’s customer (General Motors).
In order to apply for TAA, the subject worker group must
meet the group eligibility requirements for directly-impacted
(primary) workers under Section 222(a) the Trade Act of 1974, as
amended, based on a shift of production, the Department must find
that there has been a shift in production by such workers’ firm
or subdivision to a foreign country of articles like or directly
competitive with articles which are produced by such firm or
subdivision.
After careful review of the request for reconsideration, the
support documentation, and previously submitted materials, the
Department determines that there is no new information that
supports a finding that Section 222 of the Trade Act of 1974 was
satisfied and that no mistake or misinterpretation of the facts
or of the law with regards to the number or proportion of workers
separated from the subject firm during the relevant period.
Conclusion
After review of the application and investigative findings,
I conclude that there has been no error or misinterpretation of
the law or of the facts which would justify reconsideration of
the Department of Labor's prior decision. Accordingly, the
application is denied.
Signed at Washington, D.C. this 3rd day of March 2009
/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-64,442
TECHNOLOGY ASSOCIATES INC.,
D/B/A RANAL
MEASUREMENT POINT DIVISION
AUBURN, MICHIGAN
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 17, 2008 in
response to a petition filed on behalf of workers of Technologies
Associates Inc., d/b/a Ranal, Measurement Point division, Auburn,
Michigan. The workers are engaged in performing engineering service
related to measurement points on component parts for the automotive
industry.
The investigation revealed that Technologies Associates Inc.,
d/b/a Ranal, Measurement Point division, Auburn, Michigan, 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 engineering service workers described
above do not support a firm or appropriate subdivision that
produces an article domestically. Thus, the worker group can not be
considered import impacted or affected by a shift in production of
an article.
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 Technologies
Associates Inc., d/b/a Ranal, Measurement Point division, Auburn,
Michigan 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 24th day of December, 2008
/s/Linda G. Poole
____________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
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