TAW-59063 / McLeod USA Telecommunications Services, Inc. (Springfield, MO)
Petitioner Type: Company
Impact Date:
Filed Date: 03/20/2006
Most Recent Update: 04/03/2006
Determination Date: 04/03/2006
Expiration Date:
Employment and Training Administration
TA-W-59,063
MCLEODUSA TELECOMMUNICATIONS SERVICES, INC.
A SUBSIDIARY OF MCLEODUSA, INC.
SPRINGFIELD, MISSOURI
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 March 20, 2006, in response
to a petition filed by a company official on behalf of workers of
McLeodUSA Telecommunication Services, Inc., a subsidiary of
McLeodUSA, Inc., Springfield, Missouri. Workers of the subject firm
are engaged in telecommunication customer services.
The investigation revealed that McLeodUSA Telecommunication
Services, Inc., a subsidiary of McLeodUSA, Inc., Springfield,
Missouri, 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
telecommunication customer service workers described above 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, I determine that all workers of
McLeodUSA Telecommunication Services, Inc., a subsidiary of
McLeodUSA, Inc., Springfield, Missouri are denied eligibility to
apply for adjustment assistance under Section 223 of the Trade Act
of 1974, and alternative trade adjustment assistance under Section
246 of the Trade Act of 1974.
Signed in Washington, D.C., this 3rd day of April 2006
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance