DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-56,946

UITS SUPPORT CENTER
A DIVISION OF NBC UNIVERSAL
UNIVERSAL CITY, CALIFORNIA

Notice of Negative Determination
Regarding Application for Reconsideration

By application dated May 20, 2005 a petitioner requested
administrative reconsideration of the Department's negative
determination regarding eligibility for workers and former
workers of the subject firm to apply for Trade Adjustment
Assistance (TAA). The denial notice applicable to workers of
UITS Support Center, a division of NBC Universal, Universal City,
California was signed on April 21, 2005, and published in the
Federal Register on May 16, 2005 (70 FR 25859).
Pursuant to 29 CFR 90.18(c) reconsideration may be granted
under the following circumstances:
(1) If it appears on the basis of facts not previously
considered that the determination complained of
was erroneous;
(2) if it appears that the determination complained of
was based on a mistake in the determination of facts
not previously considered; or
(3) if in the opinion of the Certifying Officer, a mis-
interpretation of facts or of the law justified
reconsideration of the decision.

The TAA petition filed on behalf of a worker at UITS Support
Center, a division of NBC Universal, Universal City, California
engaged in technical support for the employees of the Universal
Studios and Universal Music was denied because the petitioning
workers did not produce an article within the meaning of Section
222 of the Act.
The petitioner contends that the Department erred in its
interpretation of work performed at the subject facility as a
service and further conveys that movies which are filmed and
taped at the Universal Studios lot should be considered a product
and workers dealing with the technological aspects such as
soundstage locations, wardrobe inventory and actors’ contracts
should be considered workers engaged in production.
A company official was contacted for clarification in regard
to the nature of the work performed at the subject facility. The
official stated that the role of the petitioning group of workers
at the subject firm was that of information technology help desk
analyst. In particular, workers of the subject firm provided
assistance pertaining to computer problems over the telephone to
the workers at Universal Studios, Universal City, California.
The official further clarified that workers of the University
Studios, University City, California do not manufacture articles,
and are engaged in activities related to making movies and
television shows.


The company official further stated that the position of
help desk analyst was transferred from the subject facility to
India.
Technical support is not considered production within the
context of TAA eligibility requirements, so there are no imports
of products nor was there a shift in production of an “article”
abroad within the meaning of the Trade Act of 1974 in this
instance.
Service workers can be certified only if worker separations
are caused by a reduced demand for their services from a parent
or controlling firm or subdivision whose workers produce an
article domestically who meet the eligibility requirements, or if
the group of workers are leased workers who perform their duties
on-site at a facility that meet the eligibility requirements.
Conclusion
After review of the application and investigative findings,
I conclude that there has been no error or misinterpretation of
the law or of the facts which would justify reconsideration of
the Department of Labor's prior decision. Accordingly, the
application is denied.

Signed at Washington, D.C., this 15th day of July, 2005.
/s/ Elliott S. Kushner

___________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance