Petitioner Type: Workers
Impact Date:
Filed Date: 02/04/2002
Most Recent Update: 04/24/2002
Determination Date: 04/24/2002
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-40,743
HEWLETT PACKARD
COLORADO SPRINGS, 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 eligibility
to apply for worker adjustment assistance.
The investigation was initiated in response to a petition
received on February 4, 2002, and filed by a company official on
behalf of workers and former workers at Hewlett Packard, Colorado
Springs, Colorado. The workers provide financial services for the
company.
The investigation revealed that the workers at Hewlett
Packard, Colorado Springs, 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 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 Hewlett
Packard, Colorado Springs, Colorado, are denied eligibility to
apply for adjustment assistance under Section 223 of the Trade Act
of 1974.
Signed in Washington, D. C. this 24th day of April 2002.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer
Division of Trade Adjustment
Assistance
Employment and Training Administration
TA-W-40,743
HEWLETT PACKARD
COLORADO SPRINGS, 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 eligibility
to apply for worker adjustment assistance.
The investigation was initiated in response to a petition
received on February 4, 2002, and filed by a company official on
behalf of workers and former workers at Hewlett Packard, Colorado
Springs, Colorado. The workers provide financial services for the
company.
The investigation revealed that the workers at Hewlett
Packard, Colorado Springs, 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 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 Hewlett
Packard, Colorado Springs, Colorado, are denied eligibility to
apply for adjustment assistance under Section 223 of the Trade Act
of 1974.
Signed in Washington, D. C. this 24th day of April 2002.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer
Division of Trade Adjustment
Assistance