DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-55,238

TRACFONE WIRELESS, INC.
CALL CENTER DIVISION
MIAMI, FLORIDA

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 13, 2004 in response
to a petition filed on behalf of workers of TracFone Wireless Inc.,
Call Center Division, Miami, Florida. Workers at the subject firm
are employed as customer service and marketing call center
operators. The employees are responsible for fielding calls from
new or existing customers and assisting them with any customer
service concerns.
The investigation revealed that TracFone Wireless Inc., Miami,
Florida 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 described above do not support a firm or appropriate
subdivision that produces an article domestically and thus the
worker group cannot 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 TracFone Wireless Inc.,
Call Center Division, Miami, Florida 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 29th day of July 2004.
/s/ Linda G. Poole

______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance