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-41,753
GERBER TECHNOLOGY, INC.
RICHARDSON, TEXAS
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 Gerber Technology,
Inc., Richardson, Texas. The subject group of workers performed
sales and support services.
The investigation revealed that the workers of the subject
firm do 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 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 at the subject facility
performing sales and support services.
Conclusion
After careful review, I determine that all workers of
Gerber Technology, Inc., Richardson, Texas, engaged in the
employment related to sales or support services, 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-41,753
GERBER TECHNOLOGY, INC.
RICHARDSON, TEXAS
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 Gerber Technology,
Inc., Richardson, Texas. The subject group of workers performed
sales and support services.
The investigation revealed that the workers of the subject
firm do 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 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 at the subject facility
performing sales and support services.
Conclusion
After careful review, I determine that all workers of
Gerber Technology, Inc., Richardson, Texas, engaged in the
employment related to sales or support services, 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