Petitioner Type: Workers
Impact Date:
Filed Date: 07/29/2002
Most Recent Update: 09/11/2002
Determination Date: 09/11/2002
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-41,895
XEROX CORPORATION
OFFICE SYSTEMS GROUP (OSG)
OFFICE PRODUCTS DELIVERY UNIT (OPDU)
WEBSTER, NEW YORK
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 29, 2002 in response
to a petition filed on behalf of workers at Xerox Corporation,
Office Systems Group (OSG), Office Products Delivery Unit (OPDU),
Webster, New York. The workers at the subject unit were engaged in
engineering related services.
The investigation revealed that the workers of the subject
unit 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 unit 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 unit.
A petition for eligibility to apply for NAFTA-Transitional
Adjustment Assistance has been filed on behalf of workers at the
subject firm (NAFTA-6321).
Conclusion
After careful review, I determine that all workers of Xerox
Corporation, Office Systems Group (OSG), Office Products Delivery
Unit (OPDU), Webster, New York engaged in employment related to
engineering are denied eligibility to apply for adjustment
assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 11th day of September, 2002
/s/ Linda G. Poole
__________________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-41,895
XEROX CORPORATION
OFFICE SYSTEMS GROUP (OSG)
OFFICE PRODUCTS DELIVERY UNIT (OPDU)
WEBSTER, NEW YORK
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 29, 2002 in response
to a petition filed on behalf of workers at Xerox Corporation,
Office Systems Group (OSG), Office Products Delivery Unit (OPDU),
Webster, New York. The workers at the subject unit were engaged in
engineering related services.
The investigation revealed that the workers of the subject
unit 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 unit 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 unit.
A petition for eligibility to apply for NAFTA-Transitional
Adjustment Assistance has been filed on behalf of workers at the
subject firm (NAFTA-6321).
Conclusion
After careful review, I determine that all workers of Xerox
Corporation, Office Systems Group (OSG), Office Products Delivery
Unit (OPDU), Webster, New York engaged in employment related to
engineering are denied eligibility to apply for adjustment
assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 11th day of September, 2002
/s/ Linda G. Poole
__________________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance