Former Employees of Fairchild Semi-Conductor Corp. v. United States Sec'y of Labor

2008 CIT 81

• Court: United States Court of International Trade
• Decided: August 4, 2008
• Docket: 06-00215
• Status: Published

Opinion

Slip Op. 08- 81

J U D G M E N T

UNITED STATES COURT OF INTERNATIONAL TRADE

Thomas J. Aquilino, Jr., Senior Judge

- - - - - - - - - - - - - - - - - - -X FORMER EMPLOYEES OF FAIRCHILD SEMI- : CONDUCTOR CORP., : Plaintiffs, : v. Court No. 06-00215 : UNITED STATES SECRETARY OF LABOR, : Defendant. - - - - - - - - - - - - - - - - - - -X

This case having been commenced to appeal the Negative

Determinations Regarding Eligibility To Apply for Worker

Adjustment Assistance And Alternative Trade Adjustment

Assistance of the Employment and Training Administration, U.S.

Department of Labor, TA-W-58,624, 71 Fed.Reg. 14,954 (March 24,

2006); and the court in slip opinion 07-38, 31 CIT ___ (March

13, 2007), having determined to remand them to the defendant for

reconsideration on the merits; and the defendant having

published and filed a Notice of Negative Determination on

Remand, 72 Fed.Reg. 24,613 (May 3, 2007), pursuant thereto; and

the plaintiffs having continued to contest defendant’s position

with regard to certification of their eligibility for trade- Court No. 06-00215 Page 2

adjustment assistance, whereupon a hearing in open court was

held; and the court having thereafter in slip opinion 08-43, 32

CIT ___ (April 18, 2008), ordered the defendant to conduct

further investigation upon remand; and the defendant having

filed herein a Notice of Revised Determination on Remand (July

22, 2008), reporting that it has done so and certifying now that

All workers of Fairchild Semiconductor International, Mountain Top, Pennsylvania, who became totally or partially separated from employment on or after January 11, 2005, through two years from the issuance of this revised determination, are eligible to apply for Trade Adjustment Assistance under Section 223 of the Trade Act of 1974, and are eligible to apply for alternative trade adjustment assistance under Section 246 of the Trade Act of 1974;

Now therefore, after due deliberation, it is

ORDERED, ADJUDGED and DECREED that this certification

of the defendant be, and it hereby is, affirmed.

Dated: New York, New York August 4, 2008

/s/ Thomas J. Aquilino, Jr. Senior Judge