Petitioner Type: Workers
Impact Date: 10/10/2000
Filed Date: 10/22/2001
Most Recent Update: 01/31/2002
Determination Date: 01/31/2002
Expiration Date: 05/30/2004
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-40,256
LUCENT TECHNOLOGIES
(NOW KNOWN AS CELESTICA)
COLUMBUS WORKS
COLUMBUS, OHIO
Notice of Revised Determination
on Reconsideration
By letter of February 28, 2002, the International
Brotherhood of Electrical Workers, Local 2020 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 January 31, 2002, based on the finding
that imports of circuit packs did not contribute importantly to
worker separations at Lucent Technologies, (now known as
Celestica), Columbus Works, Columbus, Ohio. The denial notice
was published in the Federal Register on February 13, 2002 (67 FR
6748).
The petitioner on reconsideration alleged that the company
shifted production of circuit packs to Canada and China and began
importing the products back to the United States during the
relevant period.
A review of data supplied in the initial investigation and
further clarification obtained from the company shows that a
major portion of production at the subject firm was transferred
to foreign sources and that greater than half of that production
was imported back to the United States 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 Lucent
Technologies, (now known as Celestica), Columbus Works, Columbus,
Ohio, contributed importantly to the declines in sales or
production and to the total or partial separation of workers at
the subject firm. In accordance with the provisions of the Act,
I make the following certification:
"All workers of Lucent Technologies, (now known as
Celestica), Columbus Works, Columbus, Ohio, who became
totally or partially separated from employment on or after
October 10, 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 30th day of May 2002.
/s/ Edward A. Tomchick
_____________________________
EDWARD A. TOMCHICK
Director, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-40,256
LUCENT TECHNOLOGIES
COLUMBUS WORKS
COLUMBUS, OHIO
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.
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 22, 2001, in
response to a petition filed by IBEW Local 2020 on behalf of
workers at Lucent Technologies, Columbus Works, Columbus, Ohio.
The workers produced circuit packs.
The investigation revealed that criterion (3) has not been
met.
The investigation revealed that the subject firm has
transferred a portion of the production of circuit packs to
Canada and they are not being imported back into the United
States.
Conclusion
After careful review, I determine that all workers at Lucent
Technologies, Columbus Works, Columbus, Ohio, 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 January, 2002
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-40,256
LUCENT TECHNOLOGIES
(NOW KNOWN AS CELESTICA)
COLUMBUS WORKS
COLUMBUS, OHIO
Notice of Revised Determination
on Reconsideration
By letter of February 28, 2002, the International
Brotherhood of Electrical Workers, Local 2020 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 January 31, 2002, based on the finding
that imports of circuit packs did not contribute importantly to
worker separations at Lucent Technologies, (now known as
Celestica), Columbus Works, Columbus, Ohio. The denial notice
was published in the Federal Register on February 13, 2002 (67 FR
6748).
The petitioner on reconsideration alleged that the company
shifted production of circuit packs to Canada and China and began
importing the products back to the United States during the
relevant period.
A review of data supplied in the initial investigation and
further clarification obtained from the company shows that a
major portion of production at the subject firm was transferred
to foreign sources and that greater than half of that production
was imported back to the United States 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 Lucent
Technologies, (now known as Celestica), Columbus Works, Columbus,
Ohio, contributed importantly to the declines in sales or
production and to the total or partial separation of workers at
the subject firm. In accordance with the provisions of the Act,
I make the following certification:
"All workers of Lucent Technologies, (now known as
Celestica), Columbus Works, Columbus, Ohio, who became
totally or partially separated from employment on or after
October 10, 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 30th day of May 2002.
/s/ Edward A. Tomchick
_____________________________
EDWARD A. TOMCHICK
Director, Division of
Trade Adjustment Assistance
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-40,256
LUCENT TECHNOLOGIES
COLUMBUS WORKS
COLUMBUS, OHIO
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.
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 22, 2001, in
response to a petition filed by IBEW Local 2020 on behalf of
workers at Lucent Technologies, Columbus Works, Columbus, Ohio.
The workers produced circuit packs.
The investigation revealed that criterion (3) has not been
met.
The investigation revealed that the subject firm has
transferred a portion of the production of circuit packs to
Canada and they are not being imported back into the United
States.
Conclusion
After careful review, I determine that all workers at Lucent
Technologies, Columbus Works, Columbus, Ohio, 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 January, 2002
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance