DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-41,302

MOTOROLA, INC.
ARLINGTON HEIGHTS, ILLINOIS

Notice of Negative Determination
Regarding Application for Reconsideration

By application dated June 25, 2002, a petitioner requested
that the Department of Labor amend a Trade Adjustment Assistance
certification issued on May 2, 2002 for workers of Motorola,
Inc., Global Telecom Solutions (GTSS) and Commercial, Government,
Industrial Solutions Sector CGISS), Schaumburg, Illinois (TA-W-
40,501 & TA-W-40,501A, respectively) to include workers of
Motorola, Inc., Arlington Heights, Illinois (TA-W-41,302). Based
on the information supplied in the petitioner's letter, it
appears the petitioner is actually requesting administrative
reconsideration of the Department's negative determination
regarding eligibility to apply for Trade Adjustment Assistance
(TAA), applicable to workers and former workers of the subject
firm (TA-W-41,302). The denial notice was signed on June 27,
2002, and published in the Federal Register on July 9, 2002 (67
FR 45550).
Pursuant to 29 CFR 90.18(c) reconsideration may be granted
under the following circumstances:
(1) If it appears on the basis of facts not previously
considered that the determination complained of
was erroneous;
(2) if it appears that the determination complained of
was based on a mistake in the determination of facts
not previously considered; or
(3) if in the opinion of the Certifying Officer, a mis-
interpretation of facts or of the law justified
reconsideration of the decision.


The petition for the workers of Motorola, Inc., Arlington
Heights, Illinois was denied because the "contributed
importantly" group eligibility requirement of Section 222(3) of
the Trade Act of 1974, as amended, was not met. The
investigation revealed that the predominate cause of worker
separations at the subject facility was related to a domestic
shift of production to another facility located in Illinois.
The petitioner believes that the workers at the subject
plant were in direct support of a facility under an existing
Trade Adjustment Assistance (TAA) Certification (TA-W-40,501)
Motorola, Inc., Global Telecom Solutions Sector (GTSS), formerly
Network Solutions Sector (NSS), Schaumburg, Illinois and
therefore believes they should be considered for TAA
certification. The petitioner further believes that the workers
do the same work as the Schaumburg plant.
A review of the data supplied by the company during the
initial investigation shows that subject plant workers were
primarily engaged in activities related to the production of
cable modems and cable hardware. The workers at the TAA
certified facility located in Schaumburg were engaged in the
production of IDEN and CGISS radio system units.
The company supplied further information concerning any
potential Arlington Heights support activities directed towards
the Schaumburg facility. The data provided by the company
indicates that the portion of Arlington Heights work directed
towards the Schaumburg plant was negligible during the relevant
period.

Conclusion
After review of the application and investigative findings,
I conclude that there has been no error or misinterpretation of
the law or of the facts which would justify reconsideration of
the Department of Labor's prior decision. Accordingly, the
application is denied.

Signed at Washington, D.C. this 1st day of October 2002.


/s/ Edward A. Tomchick

EDWARD A. TOMCHICK
Director, Division of
Trade Adjustment Assistance