Former Employees of Gensym Corp. v. United States Sec'y of Labor, No. 09-00240 (Ct. Int'l Trade 2010)
Annotate this Case
Download PDF
Slip Op. 10-29 UNITED STATES COURT OF INTERNATIONAL TRADE FORMER EMPLOYEES OF GENSYM CORP., Plaintiff, v. Before: Pogue, Judge UNITED STATES SECRETARY OF LABOR, Court No. 09-00240 Defendant. JUDGMENT On June 18, 2009, Plaintiffs filed this action against Defendant, challenging Defendant s determination that Plaintiffs were not eligible for certification for both trade adjustment assistance ( TAA ) and alternative trade adjustment assistance ( ATAA ). Notice of Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance, 74 Fed. Reg. 9,281, 9,283 (Dep t of Labor Mar. 3, 2009); Gensym Corporation, a Subsidiary of Versata Enterprises, Inc., Burlington, MA, 74 Fed. Reg. 19,997 (Dep t of Labor Apr. 30, 2009) (notice of negative determination on reconsideration). In its original determination and on reconsideration, Defendant denied certification because Plaintiffs did not produce an article within the meaning of Section 222(a)(2)(B) of the Trade Act of 1974, 19 U.S.C. ยง 2272(a)(2)(B). 74 Fed. Reg. at 19,997. Court No. 09-00240 Page 2 The parties moved on August 24 for a voluntary remand, which the court granted, and, on January 5, 2010, Defendant issued its revised determination. Gensym Corporation, a Subsidiary of Versata Enterprises, Inc.; Burlington, MA, 75 Fed. Reg. 454 (Dep t of Labor Jan. 5, 2010) (notice of revised determination on remand). revised determination, Defendant found that, after In its further investigation, the criteria set forth in Section 222(a)(2)(B) has [sic] been satisfied. Accordingly, Defendant certified that Plaintiffs are eligible to apply for [TAA] under Section 223 of the Trade Act of 1974, and are eligible to apply for [ATAA] under Section 246 of the Trade Act of 1974. 75 Fed. Reg. at 455. Plaintiffs have not challenged this revised determination. Now therefore, after due deliberation, it is hereby ORDERED, ADJUDGED AND DECREED that Defendant s foregoing certification, as set forth in its Notice of Revised Determination on Remand, be, and it hereby is, affirmed. /s/ Donald C. Pogue Donald C. Pogue, Judge Dated: March 22, 2010 New York, New York
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
