Petitioner Type: Workers
Impact Date:
Filed Date: 06/18/2001
Most Recent Update: 08/08/2001
Determination Date: 08/08/2001
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-39,457
AGILENT TECHNOLOGIES
IMAGING ELECTRONICS DIVISION
FORT COLLINS, COLORADO
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 Agilent Technologies, Imaging Electronics Division,
Fort Collins, Colorado. The workers are engaged in employment
related to the planning for purchasing parts, evaluating
customers orders and management.
The investigation revealed that the workers of Agilent
Technologies, Imaging Electronics Division, Fort Collins,
Colorado, 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
Agilent Technologies, Imaging Electronics Division, Fort Collins,
Colorado, are denied eligibility to apply for adjustment
assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 8th day of August, 2001.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-39,457
AGILENT TECHNOLOGIES
IMAGING ELECTRONICS DIVISION
FORT COLLINS, COLORADO
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 Agilent Technologies, Imaging Electronics Division,
Fort Collins, Colorado. The workers are engaged in employment
related to the planning for purchasing parts, evaluating
customers orders and management.
The investigation revealed that the workers of Agilent
Technologies, Imaging Electronics Division, Fort Collins,
Colorado, 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
Agilent Technologies, Imaging Electronics Division, Fort Collins,
Colorado, are denied eligibility to apply for adjustment
assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 8th day of August, 2001.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance