Former Employees of Fairchild Semi-Conductor Corp. v. United States Sec'y of Labor, No. 06-00215 (Ct. Int'l Trade 2008)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on November 21, 2006.
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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. : UNITED STATES SECRETARY OF LABOR, : Defendant. - - - - - - - - - - - - - - - - - - -X Court No. 06-00215 This case having been commenced to appeal the Negative Determinations Adjustment Regarding Assistance Eligibility And To Apply Alternative Trade for Worker 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 published and on the filed a merits; Notice of and the Negative defendant having 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 ___ further (April 18, investigation 2008), ordered the defendant upon remand; and the to defendant conduct 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
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