Certified
« back to search results

TAW-39535  /  Computer Sciences Corp. (Charleston, SC)

Petitioner Type: Company
Impact Date: 06/20/2000
Filed Date: 07/02/2001
Most Recent Update: 08/31/2001
Determination Date: 08/31/2001
Expiration Date: 02/19/2004

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-39,535
COMPUTER SCIENCES CORPORATION
AT DUPONT CORPORATION
COOPER RIVER PLANT
CHARLESTON, SOUTH CAROLINA

TA-W-39,535A
COMPUTER SCIENCES CORPORATION
AT DUPONT CORPORATION
CAPE FEAR PLANT
WILMINGTON, NORTH CAROLINA

TA-W-39,535B
COMPUTER SCIENCES CORPORATION
AT DUPONT CORPORATION
KINSTON PLANT
KINSTON, NORTH CAROLINA

Notice of Revised Determination
on Reconsideration

By application of October 29, 2001, the petitioner,
requested administrative reconsideration regarding the
Department=s Negative Determination Regarding Eligibility to
Apply for Worker Adjustment Assistance, applicable to the workers
of the subject firm.
The initial investigation resulted in a negative
determination issued on August 31, 2001 based on the finding that
the workers do not produce an article within the meaning of
Section 222(3) of the Trade Act of 1974. The denial notice was
published in the Federal Register on September 21, 2001 (66 FR
48706).
To support the request for reconsideration, the applicant
provided additional information explaining the functions
performed at each of the subject plant locations and further
indicated the contract work they performed was related to the
production activities at the Dupont Corporation plants which were
under an existing TAA certification (TA-W-35,961).
Upon examination of the data supplied by the applicant, it
became apparent that the Computer Science Corporation contract
workers were engaged in employment related to the production of
polyester fiber at Dupont plants under an existing TAA
certification. Subject firm declines in employment occurred at
all three plants during the relevant period. The Dupont plants
were certified eligible to apply for Trade Adjustment Assistance
under TA-W-35,961 (expired August 23, 2001) followed by a further
TAA certification under TA-W-39,743 (which commenced on August
24, 2001).
Based on data supplied by Dupont Corporation in case TA-W-
39,743, it has become evident that all criteria have been met for
Computer Science Corporation workers performing work related to
the production activities at the Dupont plants located at
Charleston, South Carolina, Wilmington, North Carolina and
Kinston, North Carolina. Plant sales, production and employment
declined and customer imports increased during the relevant
period.
Conclusion
After careful review of the additional facts obtained on
reconsideration, I conclude that increased imports of articles
like or directly competitive with those produced at Dupont
Corporation's, Cooper River Plant, Charleston, South Carolina,

Cape Fear Plant, Wilmington, North Carolina and Kinston
Plant, Kinston, North Carolina, contributed importantly to the
declines in the total or partial separation of Computer Sciences
Corporation workers, who performed work at the three Dupont
plants. In accordance with the provisions of the Act, I make the
following certification:
"Workers of Computer Sciences Corporation engaged in
employment activities related to the production of polyester
fiber at Dupont Corporation's, Cooper River Plant,
Charleston, South Carolina (TA-W-39,535), Cape Fear Plant,
Wilmington, North Carolina (TA-W-39,535A) and Kinston Plant,
Kinston, North Carolina (TA-W-39,535B), who became totally
or partially separated from employment on or after June 20,
2000 through two years from the date of this certification,
are eligible to apply for adjustment assistance under
Section 223 of the Trade Act of 1974."

Signed in Washington, D.C. this 19th day of February 2002.

/s/ Edward A. Tomchick
________________________
EDWARD A. TOMCHICK
Director, Division of
Trade Adjustment Assistance


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-39,535

COMPUTER SCIENCES CORPORATION

TA-W-39,535 CHARLESTON, SOUTH CAROLINA
TA-W-39,535A WILMINGTON, NORTH CAROLINA
TA-W-39,535B KINGSTON, NORTH CAROLINA

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 July 1, 2001, and filed on behalf of workers and former
workers at Computer Sciences Corporation, in Charleston, South
Carolina, Wilmington, North Carolina and Kingston, North Carolina.
The workers were engaged in systems and technical support for one
customer: E.I. DuPont.
The investigation revealed that the workers at all three
locations of Computer Sciences Corporation, do not produce an
article within the meaning of Section 222(3) of the Act. The
Department of Labor has consistently determined that the perfor-
mance of services does not constitute production of an article, as
required by Section 222 of the Trade Act of 1974, and this determi-
nation has been upheld in the U. S. Court of Appeals.


Workers of 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 Computer
Sciences Corporation, in Charleston, South Carolina, Wilmington,
North Carolina and Kingston, North Carolina, are denied eligibility
to apply for adjustment assistance under Section 223 of the Trade
Act of 1974.

Signed in Washington, D. C. this 31st day of August, 2001.


/s/ Edward A. Tomchick
______________________________
EDWARD A. TOMCHICK
Director, Division of
Trade Adjustment Assistance