Petitioner Type: Workers
Impact Date:
Filed Date: 07/23/2004
Most Recent Update: 07/30/2004
Determination Date: 07/30/2004
Expiration Date:
Employment and Training Administration
TA-W-55,303
CORRECTIONAL BILLING SERVICES
A DIVISION OF EVERCOM SYSTEMS, INC
SELMA, ALABAMA
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 July 23, 2004 in response
to a petition filed on behalf of workers of Correctional Billing
Services, a division of Evercom Systems, Inc., Selma, Alabama. The
workers were engaged in telephone selling and customer support for
prepaid phone cards.
The investigation revealed that Correctional Billing
Services, a division of Evercom Systems, Inc., Selma, Alabama
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
petitioning group of workers does 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 assis-
tance (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
Correctional Billing Services, a division of Evercom Systems,
Inc., Selma, Alabama 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 30th day of July 2004.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance