Petitioner Type: Workers
Impact Date:
Filed Date: 02/01/2005
Most Recent Update: 03/11/2005
Determination Date: 03/11/2005
Expiration Date:
Employment and Training Administration
TA-W-56,453
SBC COMMUNICATIONS
FORMERLY KNOWN AS SOUTHWESTERN BELL
CONSUMER MARKETS
JONESBORO, 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 February 1, 2005, in
response to a petition filed on behalf of workers of SBC
Communications, formerly known as Southwestern Bell, Consumer
Markets, Jonesboro, Arkansas. The workers performed call center
customer service.
The investigation revealed that SBC Communications, formerly
known as Southwestern Bell, Consumer Markets, Jonesboro, 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 call center
customer service department 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 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 SBC
Communications, formerly known as Southwestern Bell, Consumer
Markets, Jonesboro, 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 11th day of March 2005
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance