Denied
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TAW-62385  /  Windstream Communications, Inc. (Lincoln, NE)

Petitioner Type: Workers
Impact Date:
Filed Date: 10/30/2007
Most Recent Update: 12/10/2007
Determination Date: 12/10/2007
Expiration Date:

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-62,385

WINDSTREAM COMMUNICATIONS, INC.
BROADBAND CUSTOMER CARE CENTER (BCCC)
LINCOLN, NEBRASKA

Negative Determinations 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 October 30, 2007, in
response to a petition filed on behalf of workers of Windstream
Communications, Inc., Broadband Customer Care Center (BCCC),
Lincoln, Nebraska. Workers help customers with basic questions
regarding their Broadband service. The workers provide low level
technical customer support to Windstream broadband subscribers.
The investigation revealed that Windstream Communications,
Inc., Broadband Customer Care Center (BCCC), Lincoln, Nebraska,
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 workers at
the subject firm that engaged in technical support customer care do
not produce a product nor 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 this
investigation, I determine that all workers of Windstream
Communications, Inc., Broadband Customer Care Center (BCCC),
Lincoln, Nebraska, 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 at Washington, D.C. this 10th day of December 2007

/s/Linda G. Poole
________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance