Petitioner Type: Company
Impact Date:
Filed Date: 08/22/2005
Most Recent Update: 09/02/2005
Determination Date: 09/02/2005
Expiration Date:
Employment and Training Administration
TA-W-57,811
TELEMARKETING CONCEPTS
CALL CENTER
YORKTOWN HEIGHTS, NEW YORK
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 August 22, 2005, in
response to a petition filed by a company official on behalf of
workers of Telemarketing Concepts, Call Center, Yorktown Heights,
New York. Workers make telephone calls to sell products on behalf
of clients.
The investigation revealed that Telemarketing Concepts, Call
Center, Yorktown Heights, New York 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. 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 obtained in the
investigation, I determine that all workers of Telemarketing
Concepts, Call Center, Yorktown Heights, New York are denied
eligibility to apply for adjustment assistance under Section 223 of
the Trade Act of 1974.
Signed in Washington, D.C., this 2nd day of September 2005
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance