Petitioner Type: Workers
Impact Date:
Filed Date: 09/16/2002
Most Recent Update: 10/15/2002
Determination Date: 10/15/2002
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-42,116
XESYSTEMS, INC.
aka XEROX ENGINEERING SYSTEMS
STAMFORD, CONNECTICUT
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 September 16, 2002 in
response to a petition filed on behalf of workers at XESystems,
Inc., aka Xerox Engineering Systems, Stamford, Connecticut. The
workers at the subject firm were engaged in engineering,
corporate governance and marketing activities.
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 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 customer
service.
Conclusion
After careful review, I determine that all workers of
XESystems, Inc., aka Xerox Engineering Systems, Stamford,
Connecticut engaged in employment related to customer service
are denied eligibility to apply for adjustment assistance under
Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 15th day of October, 2002
/s/ Elliott S. Kushner
__________________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-42,116
XESYSTEMS, INC.
aka XEROX ENGINEERING SYSTEMS
STAMFORD, CONNECTICUT
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 September 16, 2002 in
response to a petition filed on behalf of workers at XESystems,
Inc., aka Xerox Engineering Systems, Stamford, Connecticut. The
workers at the subject firm were engaged in engineering,
corporate governance and marketing activities.
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 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 customer
service.
Conclusion
After careful review, I determine that all workers of
XESystems, Inc., aka Xerox Engineering Systems, Stamford,
Connecticut engaged in employment related to customer service
are denied eligibility to apply for adjustment assistance under
Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 15th day of October, 2002
/s/ Elliott S. Kushner
__________________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance