DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-54,704

WEST TELEMARKETING CORPORATION OUTBOUND
SMITH, ARKANSAS

Negative Determination Regarding Eligibility
To Apply For Worker Adjustment Assistance
And Alternative Trade Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974, as
amended (19 USC 2273), 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 April 12, 2004, in response
to a petition filed a state agency on behalf of workers at West
Telemarketing Corporation Outbound, Smith, Arkansas. The workers
in the petitioning worker group make outbound phone calls for the
purpose of selling long distance or take credit card applications
on behalf of clients.
The investigation revealed that West Telemarketing Corporation
Outbound, Smith, Arkansas, does not produce an article within the
meaning of Section 222(a)(2) of the Act. In order to be considered
eligible to apply for adjustment assistance under Section 223 of
the Trade Act of 1974, the worker group seeking certification (or
on whose behalf certification is being sought) must work for a
"firm" or appropriate subdivision that produces an article and
there must be a relationship between the workers' work and the
article produced by the workers' firm or appropriate subdivision.
The workers' that make outbound phone calls or take credit card
applications do not support a firm or appropriate subdivision that
produces an article domestically and thus the worker group can not
be considered import impacted or affected by a shift in production
of an article.
In addition, in accordance with Section 246 the Trade Act of
1974 (26 USC 2813), as amended, the Department of Labor herein
presents the results of its investigation regarding certification
of eligibility to apply for alternative trade adjustment assistance
(ATAA) for older workers.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the worker group must be certified
eligible to apply for trade adjustment assistance (TAA). Since the
workers are denied eligibility to apply for TAA, the workers cannot
be certified eligible for ATAA.
Conclusion
After careful review, I determine that all workers of West
Telemarketing Corporation Outbound, Smith, Arkansas are denied
eligibility to apply for adjustment assistance under Section 223 of
the Trade Act of 1974, and are also denied eligibility to apply for
alternative trade adjustment assistance under Section 246 of the
Trade Act of 1974.
Signed in Washington, D. C. this 7th day of May, 2004.
Elliott S. Kushner
____________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance