Petitioner Type: Workers
Impact Date:
Filed Date: 07/01/2002
Most Recent Update: 08/26/2002
Determination Date: 08/26/2002
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-41,748
CDI INFORMATION TECHNOLOGY SERVICES
A CONTRACTOR FOR INTERNATIONAL BUSINESS MACHINES
MORRISVILLE, NORTH CAROLINA
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 July 1, 2002 in response
to a petition filed on behalf of workers at CDI Information
Technology Services, a contractor for International Business
Machines, Morrisville, North Carolina. The subject group of
workers performed technical phone support 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, as amended. 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 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 performing technical
phone support.
Conclusion
After careful review, I determine that all workers of CDI
Information Technology Services, a contractor for International
Business Machines, Morrisville, North Carolina engaged in the
employment related to technical phone support are denied
eligibility to apply for adjustment assistance under Section 223
of the Trade Act of 1974.
Signed in Washington, D. C. this 26th day of August, 2002
/s/ Linda G. Poole
__________________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-41,748
CDI INFORMATION TECHNOLOGY SERVICES
A CONTRACTOR FOR INTERNATIONAL BUSINESS MACHINES
MORRISVILLE, NORTH CAROLINA
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 July 1, 2002 in response
to a petition filed on behalf of workers at CDI Information
Technology Services, a contractor for International Business
Machines, Morrisville, North Carolina. The subject group of
workers performed technical phone support 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, as amended. 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 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 performing technical
phone support.
Conclusion
After careful review, I determine that all workers of CDI
Information Technology Services, a contractor for International
Business Machines, Morrisville, North Carolina engaged in the
employment related to technical phone support are denied
eligibility to apply for adjustment assistance under Section 223
of the Trade Act of 1974.
Signed in Washington, D. C. this 26th day of August, 2002
/s/ Linda G. Poole
__________________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance