Denied
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TAW-65146  /  Computer Aid, Inc. (Rochester, NY)

Petitioner Type: Workers
Impact Date:
Filed Date: 02/05/2009
Most Recent Update: 03/05/2009
Determination Date: 03/05/2009
Expiration Date:

DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-65,146
COMPUTER AID, INC.
ROCHESTER, NEW YORK

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 February 5, 2009, in
response to a petition filed on behalf of workers of Computer Aid,
Inc., Rochester, New York. The workers performed maintenance and
support services for computer systems.
The investigation revealed that Computer Aid, Inc., Rochester,
New York, 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 maintenance
support workers do not support a firm or appropriate subdivision
that produces an article domestically and thus the worker group
cannot 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 Computer Aid, Inc.,
Rochester, New York, 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 5th day of March 2009

/S/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance