Petitioner Type: State
Impact Date: 05/21/2008
Filed Date: 05/26/2009
Most Recent Update: 10/02/2009
Determination Date: 10/02/2009
Expiration Date: 10/02/2011
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-70,576
AT&T SERVICES, INC.
PERFORMANCE EVALUATION
INCLUDING ON-SITE LEASED WORKERS FROM
APC WORKFORCE SOLUTIONS/ZEROCHAOS, DIVERSIFIED EXECUTIVE
SYSTEMS, INC., AND ENGEL CONSULTING
SAGINAW, MICHIGAN
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974, as
amended ("Act"), 19 U.S.C. § 2273, the Department of Labor
herein presents the results of an investigation regarding
certification of eligibility to apply for worker adjustment
assistance.
The group eligibility requirements for workers of a firm
under Section 222(a) of the Act, 19 U.S.C. § 2272(a), are
satisfied if the following criteria are met:
I. The first criterion (set forth in Section 222(a)(1) of the
Act, 19 U.S.C. § 2272(a)(1)) requires that a significant
number or proportion of the workers in the workers' firm
must have become totally or partially separated or be
threatened with total or partial separation.
II. The second criterion (set forth in Section 222(a)(2) of the
Act, 19 U.S.C. § 2272(a)(2)) may be satisfied if either:
(i)(I) there has been a shift by the workers' firm to a
foreign country in the production of articles or
supply of services like or directly competitive with
those produced/supplied by the workers' firm; OR
(i)(II) there has been an acquisition from a foreign
country by the workers' firm of articles/services that
are like or directly competitive with those
produced/supplied by the workers' firm.
III. The third criterion requires that the shift/acquisition
must have contributed importantly to the workers'
separation or threat of separation. See Section
222(a)(2)(B)(ii) of the Act, 19 U.S.C. §
2272(a)(2)(B)(ii).
The investigation was initiated in response to a petition
filed on May 26, 2009 by a one-stop operator on behalf of
workers of AT&T Services, Inc., Performance Evaluation,
Saginaw, Michigan (AT&T). The worker group includes on-site
leased workers from APC Workforce Solutions/Zero Chaos,
Diversified Executive Systems, Inc., and Engel Consulting.
The workers are engaged in activities related to quality
control services.
The investigation revealed that workers of AT&T who are
engaged in activities related to the employment of quality
control services meet the criteria for certification.
Criterion I has been met because a significant number or
proportion of the workers in the workers' firm have become
totally or partially separated.
Criterion II has been satisfied because the workers' firm
has shifted to a foreign country a service like or directly
competitive with a service supplied by the workers.
Criterion III has been met because the shift of quality
control services to India by AT&T contributed importantly to
worker group separations at AT&T.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of AT&T Services, Inc.,
including on-site leased workers from APC Workforce
Solutions/Zerochaos, Diversified Executive Systems, Inc., and
Engel Consulting, Saginaw, Michigan who are engaged in
employment related to quality control services meet the worker
group certification criteria under Section 222(a) of the Act, 19
U.S.C. § 2272(a). In accordance with Section 223 of the Act, 19
U.S.C. § 2273, I make the following certification:
"All workers of AT&T Services, Inc., including on-site
leased workers from APC Workforce Solutions/Zerochaos,
Diversified Executive Systems, Inc., and Engel Consulting,
Saginaw, Michigan, who became totally or partially
separated from employment on or after May 21, 2008, through
two years from the date of certification, and all workers
in the group threatened with total or partial separation
from employment on date of certification through two years
from the date of certification, are eligible to apply for
adjustment assistance under Chapter 2 of Title II of the
Trade Act of 1974, as amended."
Signed in Washington, D.C., this 2nd day of October, 2009.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-70,576
AT&T SERVICES, INC.
PERFORMANCE EVALUATION
INCLUDING ON-SITE LEASED WORKERS FROM
APC WORKFORCE SOLUTIONS/ZEROCHAOS, DIVERSIFIED EXECUTIVE
SYSTEMS, INC., AND ENGEL CONSULTING
SAGINAW, MICHIGAN
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974, as
amended ("Act"), 19 U.S.C. § 2273, the Department of Labor
herein presents the results of an investigation regarding
certification of eligibility to apply for worker adjustment
assistance.
The group eligibility requirements for workers of a firm
under Section 222(a) of the Act, 19 U.S.C. § 2272(a), are
satisfied if the following criteria are met:
I. The first criterion (set forth in Section 222(a)(1) of the
Act, 19 U.S.C. § 2272(a)(1)) requires that a significant
number or proportion of the workers in the workers' firm
must have become totally or partially separated or be
threatened with total or partial separation.
II. The second criterion (set forth in Section 222(a)(2) of the
Act, 19 U.S.C. § 2272(a)(2)) may be satisfied if either:
(i)(I) there has been a shift by the workers' firm to a
foreign country in the production of articles or
supply of services like or directly competitive with
those produced/supplied by the workers' firm; OR
(i)(II) there has been an acquisition from a foreign
country by the workers' firm of articles/services that
are like or directly competitive with those
produced/supplied by the workers' firm.
III. The third criterion requires that the shift/acquisition
must have contributed importantly to the workers'
separation or threat of separation. See Section
222(a)(2)(B)(ii) of the Act, 19 U.S.C. §
2272(a)(2)(B)(ii).
The investigation was initiated in response to a petition
filed on May 26, 2009 by a one-stop operator on behalf of
workers of AT&T Services, Inc., Performance Evaluation,
Saginaw, Michigan (AT&T). The worker group includes on-site
leased workers from APC Workforce Solutions/Zero Chaos,
Diversified Executive Systems, Inc., and Engel Consulting.
The workers are engaged in activities related to quality
control services.
The investigation revealed that workers of AT&T who are
engaged in activities related to the employment of quality
control services meet the criteria for certification.
Criterion I has been met because a significant number or
proportion of the workers in the workers' firm have become
totally or partially separated.
Criterion II has been satisfied because the workers' firm
has shifted to a foreign country a service like or directly
competitive with a service supplied by the workers.
Criterion III has been met because the shift of quality
control services to India by AT&T contributed importantly to
worker group separations at AT&T.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of AT&T Services, Inc.,
including on-site leased workers from APC Workforce
Solutions/Zerochaos, Diversified Executive Systems, Inc., and
Engel Consulting, Saginaw, Michigan who are engaged in
employment related to quality control services meet the worker
group certification criteria under Section 222(a) of the Act, 19
U.S.C. § 2272(a). In accordance with Section 223 of the Act, 19
U.S.C. § 2273, I make the following certification:
"All workers of AT&T Services, Inc., including on-site
leased workers from APC Workforce Solutions/Zerochaos,
Diversified Executive Systems, Inc., and Engel Consulting,
Saginaw, Michigan, who became totally or partially
separated from employment on or after May 21, 2008, through
two years from the date of certification, and all workers
in the group threatened with total or partial separation
from employment on date of certification through two years
from the date of certification, are eligible to apply for
adjustment assistance under Chapter 2 of Title II of the
Trade Act of 1974, as amended."
Signed in Washington, D.C., this 2nd day of October, 2009.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance