Petitioner Type: Workers
Impact Date:
Filed Date: 03/04/2002
Most Recent Update: 05/31/2002
Determination Date: 05/31/2002
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-40,923
TELECRUZ TECHNOLOGY, INC.
SAN JOSE, CALIFORNOIA
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 March 4, 2002, and filed on behalf of all workers at
TeleCruz Technology, Inc., San Jose, California. The workers
were engaged in the design of integrated circuits.
The investigation revealed that the workers of TeleCruz
Technology, Inc., San Jose, California, 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 ser-
vices 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 the 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. Addi-
tionally, 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
TeleCruz Technology, Inc., San Jose, California are denied eligi-
bility to apply for adjustment assistance under Section 223 of
the Trade Act of 1974.
Signed in Washington, D. C. this 31st day of May, 2002.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance