Petitioner Type: Workers
Impact Date:
Filed Date: 03/04/2002
Most Recent Update: 06/05/2002
Determination Date: 06/05/2002
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-40,916
EDS
PA SOLUTION CENTER
CAMP HILLS, PENNSYLVANIA
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 on March 4, 2002, in response
to a petition filed by behalf of workers at EDS, PA Solution
Centre, Camp Hill, Pennsylvania. The affected workers were engaged
in employment providing information technology services such as
desktop computer support, computer program development and
maintenance, technical consulting, and infrastructure and network
services.
The investigation revealed that the workers of the subject
firm did not produce an article within the meaning of Section
222(3) of the Trade Act of 1974. The Department of Labor has
consistently determined that the performance of services does not
constitute production of an article, as required by the Trade Act
of 1974, and this determination has been upheld in the U. S.
Court of Appeals.
Workers of the subject facility 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 performing information
technology services at the subject firm.
Conclusion
After careful review, I determine that all workers at EDS,
PA Solution Centre, Camp Hill, Pennsylvania, are denied
eligibility to apply for adjustment assistance under Section 223
of the Trade Act of 1974.
Signed in Washington, D. C. this 5th day of June, 2002
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-40,916
EDS
PA SOLUTION CENTER
CAMP HILLS, PENNSYLVANIA
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 on March 4, 2002, in response
to a petition filed by behalf of workers at EDS, PA Solution
Centre, Camp Hill, Pennsylvania. The affected workers were engaged
in employment providing information technology services such as
desktop computer support, computer program development and
maintenance, technical consulting, and infrastructure and network
services.
The investigation revealed that the workers of the subject
firm did not produce an article within the meaning of Section
222(3) of the Trade Act of 1974. The Department of Labor has
consistently determined that the performance of services does not
constitute production of an article, as required by the Trade Act
of 1974, and this determination has been upheld in the U. S.
Court of Appeals.
Workers of the subject facility 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 performing information
technology services at the subject firm.
Conclusion
After careful review, I determine that all workers at EDS,
PA Solution Centre, Camp Hill, Pennsylvania, are denied
eligibility to apply for adjustment assistance under Section 223
of the Trade Act of 1974.
Signed in Washington, D. C. this 5th day of June, 2002
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance