Petitioner Type: Workers
Impact Date:
Filed Date: 08/26/2002
Most Recent Update: 10/01/2002
Determination Date: 10/01/2002
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-42,027
NCS LEARN
EAST LANSING, MICHIGAN
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 August 26, 2002, in
response to a petition filed by on behalf of workers of NCS Learn,
East Lansing, Michigan. The affected workers were engaged in the
development and design of software.
The investigation revealed that the workers of the subject
firm did not produce an article within the meaning of Section
223(3) of the Trade Act of 1974. 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 performing services at the
subject facility.
Conclusion
After careful review, I determine that all workers at PCS
Learn, East Lansing, Michigan, are denied eligibility to apply for
adjustment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 1st day of October, 2002.
/s/Elliott S. Kushner_________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-42,027
NCS LEARN
EAST LANSING, MICHIGAN
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 August 26, 2002, in
response to a petition filed by on behalf of workers of NCS Learn,
East Lansing, Michigan. The affected workers were engaged in the
development and design of software.
The investigation revealed that the workers of the subject
firm did not produce an article within the meaning of Section
223(3) of the Trade Act of 1974. 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 performing services at the
subject facility.
Conclusion
After careful review, I determine that all workers at PCS
Learn, East Lansing, Michigan, are denied eligibility to apply for
adjustment assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 1st day of October, 2002.
/s/Elliott S. Kushner_________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance