Petitioner Type: Workers
Impact Date:
Filed Date: 07/12/2004
Most Recent Update: 07/19/2004
Determination Date: 07/19/2004
Expiration Date:
Employment and Training Administration
TA-W-55,231
MCI
WICHITA, KANSAS
Negative Determinations 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 July 12, 2004 in
response to a petition filed on behalf of workers of MCI,
Wichita, Kansas. Workers at the subject firm are employed as
sales associates and management and support workers, of the
same, in a call center, who contact business and residential
customers in an attempt to switch local and long distance
telephone services.
The investigation revealed that MCI, Wichita, Kansas 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
call center workers 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 of the facts obtain in this
investigation, I determine that workers of MCI, Wichita, Kansas
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 19thday of July 2004.
/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance