DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-63,974
ELEMENT CUSTOMER CARE LLC
DURHAM, NORTH CAROLINA

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 September 3, 2008, in response
to a petition filed on behalf of workers of Element Customer Care LLC,
Durham, North Carolina. The workers performed customer service focused
on dealing with customer complaints, billing issues, and service calls
for the cable provider industry.
The investigation revealed that Element Customer Care LLC, Durham,
North Carolina, 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 customer care agents do not support a
firm or appropriate subdivision that produces an article domestically
and thus the worker group 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 Element Customer Care LLC, Durham, North
Carolina 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 9th day of September 2008

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