DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-40,196
AND
NAFTA-05250

MOTOROLA
ATLANTA ORDER FULFILLMENT CENTER
&
CONSUMER PRODUCTS DIVISION
SUWANEE, GEORGIA

Notice of Negative Determination
Regarding Application for Reconsideration

By application of November 15, 2001, the petitioner
requested administrative reconsideration of the Department's
negative determination regarding eligibility for workers and
former workers of the subject firm to apply for Trade Adjustment
Assistance (TAA) under petition TA-W-40,196 and North American
Free Trade Agreement-Transitional Adjustment Assistance (NAFTA-
TAA) under petition NAFTA-05250. The denial notices applicable
to workers of Motorola, Atlanta Order Fulfillment Center, and
Consumer Products Division, Suwanee, Georgia, were signed on
October 30, 2001 (TA-W-40,196), and November 5, 2001 (NAFTA-5250)
and published in the Federal Register on November 9, 2001 (66 FR
56711) and November 20, 2001 (66 FR 58171), respectively.
Pursuant to 29 CFR 90.18(c) 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 negative TAA determination issued by the Department on
October 30, 2001, was based on the finding that imports of
products similar to what the subject plant produced (primarily
packaged cell phones and distribution) did not contribute
importantly to the worker group eligibility requirements under
Section 222 of the Trade Act of 1974, as amended.
The negative NAFTA-TAA determination issued by the
Department on November 5, 2001, was based on the finding that
imports (primarily packaged cell phones and distribution) from
Canada or Mexico did not contribute importantly to separations at
the subject plant, nor were there any shifts in production to
Canada or Mexico under paragraph (a)(1) of Section 250 of the
Trade Act of 1974, as amended.
The application of November 15, 2001 requesting
administrative reconsideration indicates that Motorola, Atlanta
Order Fulfillment Center, Suwanee, Georgia shifted operations to
Elgin, Illinois and Harvard, Illinois for the purpose of
supporting cost reduction strategies throughout the corporation.
The request further appears to indicate that the Harvard,
Illinois facility was certified eligible for TAA benefits due to
the fact that manufacturing operations were eliminated. The
request further appears to indicate that the evidence used to
support certification at the Harvard facility should be used as
grounds for certification of the subject workers.
A review of company data supplied during the initial
investigation shows that the preponderance in the declines in
employment at the subject plant is related to the transfer of the
operations to two affiliated domestic facilities located in
Illinois. The domestic transfer and minimal fluctuations in
subject plant sales and production and stable customer base do
not depict factors of imports impacting the workers of the
subject firm.
The production (cellular phones) done at Harvard, Illinois
was moved overseas prior to the subject plant's operations being
shifted to the Harvard location. The work performed by the
workers certified at the Harvard location was different from the
work performed by the subject plant. The Atlanta Order
Fulfillment Center workers were primarily engaged in the
packaging and distribution of products they received from outside
affiliated sources. The Consumer Products Division performed
administrative support, materials tracking, ordering, engineering
and sales/marketing and refurbishing.
The functions as described above are different from those of
the workers certified at the Harvard facility. Although the
workers at Motorola Personal Communications Sector, Harvard,
Illinois (producing cell phones) were certified under TA-W-38,928
and NAFTA-4646 and Motorola, Inc., Energy Systems Groups,
Harvard, Illinois (producing cell phone batteries) were certified
under TA-W-37,850, the workers of the subject plant can not be
tied to those certifications.
Motorola made a business decision to transfer work
previously done at Suwanee to Harvard, Illinois as excess
capacity occurred. The impact of imports did not eliminate the
Suwanee functions, it allowed the company to move those functions
elsewhere. The worker separations were caused by the domestic
transfer of functions and thus the workers can not be considered
for eligibility as those workers at the Harvard, Illinois
facility.
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 decisions. Accordingly, the
application is denied.

Signed at Washington, D.C., this 12th day of March, 2002.
/s/ Edward A. Tomchick


EDWARD A. TOMCHICK
Director, Division of
Trade Adjustment Assistance



DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-40,196

MOTOROLA
ATLANTA ORDER FULFILLMENT CENTER
and
CONSUMER PRODUCTS DIVISION
SUWANEE, GEORGIA

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
eligibility to apply for worker adjustment assistance.
In order to make an affirmative determination and issue a
certification of eligibility to apply for adjustment assistance,
each of the group eligibility requirements of Section 222 of the
Act must be met:
(1) that a significant number or proportion of the workers in
the workers' firm, or an appropriate subdivision thereof,
have become totally or partially separated, or are
threatened to become totally or partially separated;

(2) that sales or production, or both, of the firm or
subdivision have decreased absolutely; and

(3) that increases of imports of articles like or directly
competitive with articles produced by the firm or
appropriate subdivision have contributed importantly to
the separations, or threat thereof, and to the absolute
decline in sales or production.



The investigation was initiated on October 9, 2001 in response
to a petition filed by a company official on behalf of workers at
Motorola Atlanta Order Fulfillment Center (AOFC) and the Consumer
Products Division (CPD), Suwanee, Georgia. The workers are engaged
in employment related to the production (assembly, programing and
packaging) of cell phones, batteries and accessories.
The investigation revealed that criterion (3) has not been
met.
The subject firm is transferring operations in Suwanee to
another domestic location. The company does not import products
like or directly competitive with those produced at the subject
facility.
Conclusion
After careful review, I determine that all workers of
Motorola, Atlanta Order Fulfillment Center and Consumer Products
Division, Suwanee, Georgia, are denied eligibility to apply for
adjustment assistance under Section 223 of the Trade Act of 1974.

Signed in Washington, D. C. this 30th day of October, 2001


/s/ Linda G. Poole
__________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance