Petitioner Type: Workers
Impact Date:
Filed Date: 03/11/2002
Most Recent Update: 07/25/2002
Determination Date: 07/25/2002
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-41,018
LUCENT TECHNOLOGIES INCORPORATED
LUCENT WORLDWIDE SERVICES
INSTALLATION DIVISION
EUGENE, OREGON
Negative Determination Regarding Eligibility
To Apply For Worker Adjustment Assistance
In accordance with Section 222 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.
The investigation was initiated in response to a petition
received on March 11, 2002 and filed on behalf of workers at Lucent
Technologies, Inc., Lucent Worldwide Services, Installation
Division, Eugene, Oregon. The workers installed telecommunications
equipment.
The investigation revealed that the workers of Lucent
Technologies, Inc., Lucent Worldwide Services, Installation
Division, Eugene, Oregon 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. Therefore, workers of Lucent
Technologies, Inc., Lucent Worldwide Services, Installation
Division, Eugene, Oregon 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. In any case, 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 Lucent Technologies, Inc., Lucent Worldwide Services,
Installation Division, Eugene, Oregon.
Conclusion
After careful review, I determine that all workers of Lucent
Technologies, Inc., Lucent Worldwide Services, Installation
Division, Eugene, Oregon are denied eligibility to apply for
adjustment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 25th day of July, 2002
/s/ Edward A. Tomchick
______________________________
EDWARD A. TOMCHICK
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-41,018
LUCENT TECHNOLOGIES INCORPORATED
LUCENT WORLDWIDE SERVICES
INSTALLATION DIVISION
EUGENE, OREGON
Negative Determination Regarding Eligibility
To Apply For Worker Adjustment Assistance
In accordance with Section 222 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.
The investigation was initiated in response to a petition
received on March 11, 2002 and filed on behalf of workers at Lucent
Technologies, Inc., Lucent Worldwide Services, Installation
Division, Eugene, Oregon. The workers installed telecommunications
equipment.
The investigation revealed that the workers of Lucent
Technologies, Inc., Lucent Worldwide Services, Installation
Division, Eugene, Oregon 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. Therefore, workers of Lucent
Technologies, Inc., Lucent Worldwide Services, Installation
Division, Eugene, Oregon 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. In any case, 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 Lucent Technologies, Inc., Lucent Worldwide Services,
Installation Division, Eugene, Oregon.
Conclusion
After careful review, I determine that all workers of Lucent
Technologies, Inc., Lucent Worldwide Services, Installation
Division, Eugene, Oregon are denied eligibility to apply for
adjustment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 25th day of July, 2002
/s/ Edward A. Tomchick
______________________________
EDWARD A. TOMCHICK
Certifying Officer, Division of
Trade Adjustment Assistance