DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-55,578

CELESTICA
REPAIR SUBDIVISION
LITTLE ROCK, ARKANSAS


Notice of Negative Determination
Regarding Application for Reconsideration

By application of October 29, 2004, the International
Brotherhood of Electrical Workers, Local 2022, requested
administrative reconsideration of the Department's negative
determination regarding eligibility for workers and former
workers of the subject firm to apply for Trade Adjustment
Assistance (TAA) and Alternative Trade Adjustment Assistance
(ATAA). The negative determination applicable to workers of
Celestica, Repair Subdivision, Little Rock, Arkansas was signed
on October 15, 2004. The Notice of determination was published
in the Federal Register on November 12, 2004 (69 FR 65462).
Pursuant to 29 CFR 90.18(c) reconsideration may be granted
under the following circumstances:
(1) If it appears on the basis of facts not previously
considered that the determination complained of
was erroneous;
(2) if it appears that the determination complained of
was based on a mistake in the determination of facts
not previously considered; or

(3) if in the opinion of the Certifying Officer, a mis-
interpretation of facts or of the law justified
reconsideration of the decision.
The petition was filed on behalf of workers at Celestica,
Repair Subdivision, Little Rock, Arkansas engaged in activities
related to the repair of defective wireless phones, wired office
phone handlers, phone switches, and other related equipment. The
petition was denied because the workers did not produce an
article within the meaning of Section 222 of the Act.
In the request for reconsideration, the Union alleged that
repair work should be considered remanufacturing work.
A company official was contacted to clarify the work
performed at the Repair Subdivision and ascertain whether the
repaired items were sold as remanufactured items. The official
stated that the work done was repair and not remanufacturing,
that defective items were sent to the repair facility by the end
user pursuant to a warranty, that repaired items were returned
directly to the end user, and that repaired items were not sold
as remanufactured items.
Repair of products already purchased does not constitute
production within the context of eligibility requirements for
trade adjustment assistance.




Conclusion
After review of the application and investigative findings,
I conclude that there has been no error or misinterpretation of
the law or of the facts which would justify reconsideration of
the Department of Labor's prior decision. Accordingly, the
application is denied.

Signed at Washington, D.C., this 12th day of January 2005.
/s/ Elliott S. Kushner
_______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance