Petitioner Type: Workers
Impact Date:
Filed Date: 06/18/2001
Most Recent Update: 08/16/2001
Determination Date: 08/16/2001
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-39,447
QUANTUM CORPORATION
U.S. CONFIGURATION CENTER
MILPITAS, CALIFORNIA
Negative Determination Regarding Eligibility
To Apply For Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273) as amended by the Omnibus Trade and Competitiveness Act
of 1988 (P. L. 100-418), the Department of Labor herein presents
the results of an investigation regarding certification of eligi-
bility to apply for worker adjustment assistance.
The investigation was initiated in response to a petition
received on June 18, 2001, and filed by workers on behalf of all
workers at Quantum Corporation, U.S. Configuration Center,
Milpitas, California. The workers were engaged in employment
related to the configuration of imported hard disk drives.
The investigation revealed that the workers of Quantum
Corporation, U.S. Configuration Center, Milpitas, California, do
not produce an article within the meaning of Section 222(3) of
the Act. The Department of Labor has consistently determined
that the performance of services does not constitute production
of an article, as required by Section 222 of the Trade Act of
1974, and this determination has been upheld in the U. S. Court
of Appeals.
Workers of the subject firm may be certified only if their
separation was caused importantly by a reduced demand for their
services from a parent firm, a firm otherwise related to the
subject firm by ownership, or a firm related by control.
Additionally, the reduction in demand for services must originate
at a production facility whose workers independently meet the
statutory criteria for certification and the reduction must
directly relate to the product impacted by imports. These
conditions have not been met for workers at the subject firm.
Conclusion
After careful review, I determine that all workers of
Quantum Corporation, U.S. Configuration Center, Milpitas,
California, are denied eligibility to apply for adjustment
assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 16th day of August, 2001.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-39,447
QUANTUM CORPORATION
U.S. CONFIGURATION CENTER
MILPITAS, CALIFORNIA
Negative Determination Regarding Eligibility
To Apply For Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273) as amended by the Omnibus Trade and Competitiveness Act
of 1988 (P. L. 100-418), the Department of Labor herein presents
the results of an investigation regarding certification of eligi-
bility to apply for worker adjustment assistance.
The investigation was initiated in response to a petition
received on June 18, 2001, and filed by workers on behalf of all
workers at Quantum Corporation, U.S. Configuration Center,
Milpitas, California. The workers were engaged in employment
related to the configuration of imported hard disk drives.
The investigation revealed that the workers of Quantum
Corporation, U.S. Configuration Center, Milpitas, California, do
not produce an article within the meaning of Section 222(3) of
the Act. The Department of Labor has consistently determined
that the performance of services does not constitute production
of an article, as required by Section 222 of the Trade Act of
1974, and this determination has been upheld in the U. S. Court
of Appeals.
Workers of the subject firm may be certified only if their
separation was caused importantly by a reduced demand for their
services from a parent firm, a firm otherwise related to the
subject firm by ownership, or a firm related by control.
Additionally, the reduction in demand for services must originate
at a production facility whose workers independently meet the
statutory criteria for certification and the reduction must
directly relate to the product impacted by imports. These
conditions have not been met for workers at the subject firm.
Conclusion
After careful review, I determine that all workers of
Quantum Corporation, U.S. Configuration Center, Milpitas,
California, are denied eligibility to apply for adjustment
assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 16th day of August, 2001.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance