DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-63,095

WESTERN UNION FINANCIAL SERVICES, INC.
BRIDGETON, MISSOURI

Notice of Negative Determination
Regarding Application for Reconsideration

By application dated May 15, 2008, the petitioner requested
administrative reconsideration of the Department's negative
determination regarding eligibility to apply for Trade Adjustment
Assistance (TAA) and Alternative Trade Adjustment Assistance
(ATAA), applicable to workers and former workers of the subject
firm. The denial notice was signed on April 10, 2008 and
published in the Federal Register on April 23, 2008 (73 FR
21992).
The request for reconsideration also includes workers of
Western Union Financial Services, Inc., St. Charles, Missouri.
The initial petition and consequent determination did not include
workers of the above mentioned location. If the petitioner
wishes the Department to consider TAA eligibility for workers of
Western Union Financial Services, Inc. in St. Charles, Missouri,
a new petition applicable to these workers should be filed.
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 negative TAA determination issued by the Department for
workers of Western Union Financial Services, Inc., Bridgeton,
Missouri was based on the finding that the worker group does not
produce an article within the meaning of Section 222 of the Trade
Act of 1974. The investigation revealed that workers of the
subject firm are engaged in call center services. The
investigation further revealed that no production of article(s)
occurred within the firm or appropriate subdivision within the
Western Union Financial Services, Inc. during the relevant time
period.
The petitioner in the request for reconsideration contends
that the Department erred in its interpretation of the work
performed by the workers of the subject firm. The petitioner
states that the workers of the subject firm “are customer service
representatives picking up telephone calls from customers wishing
to send money orders to recipients either in the United States or
overseas”. The petitioner also states that “the article produced
domestically in this case is the money order” generated after
obtaining various financial information about customer’s credit
history. The petitioner alleges that the money order,
“consisting of tangible cash at the receiving end of the order”
is a product just as “an article or piece of clothing”,
therefore, workers of the subject firm should be considered as
engaged in production of articles.
The investigation revealed that Western Union is a global
leader in money transfer services, offering the ability to send
money to various locations, including numerous foreign countries
and territories. No articles are produced within Western Union.
The workers of Western Union Financial Services, Inc., Bridgeton,
Missouri provide customer service support to Western Union
customers and agents. These functions, as described above, are
not considered production of an article within the meaning of
Section 222 of the Trade Act and while the provision of services
may result in printed material, it is incidental to the provision
of these services. Money order is a document used by the subject
firm as incidental to money transfer services provided by the
subject firm. No production took place at the subject facility
nor did the workers support production of an article at any
domestic affiliated location during the relevant period.
The petitioner also alleges that job functions have been
shifted from the subject firm overseas.
The allegation of a shift to another country might be
relevant if it was determined that workers of the subject firm
produced an article. However, the investigation determined that
workers of Western Union Financial Services, Inc., Bridgeton,
Missouri do not produce an article within the meaning of Section
222 of the Trade Act of 1974.
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 in Washington, D.C., this 25th day of June, 2008.


/s/ Elliott S. Kushner

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

4510-FN-P


DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-63,095

WESTERN UNION FINANCIAL SERVICES, INC.
BRIDGETON, 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 31, 2008 in response
to a petition filed on behalf of workers of Western Union Financial
Services, Inc., Bridgeton, Missouri. The subject workers are
engaged in call center services.
The investigation revealed that the subject firm 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 subject workers did not support a
firm or appropriate subdivision that produces an article
domestically and thus the workers cannot 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 Western Union
Financial Services, Inc., Bridgeton, Missouri, 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 10th day of April 2008

/s/ Elliott S. Kushner

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





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