Petitioner Type: Workers
Impact Date: 06/03/2008
Filed Date: 06/17/2009
Most Recent Update: 11/10/2009
Determination Date: 11/10/2009
Expiration Date: 11/10/2011
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-71,243
ACS COMMERCIAL SOLUTIONS, INC.
A SUBSIDIARY OF AFFILIATED COMPUTER SERVICES, INC.
BUSINESS PROCESSING SOLUTIONS GROUP
BOOST - LEXINGTON DIVISION
LEXINGTON, KENTUCKY
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 June 17, 2009, on behalf of workers of ACS Commercial
Solutions, Inc., a subsidiary of Affiliated Computer Services,
Inc., Business Processing Solutions Group, Boost-Lexington
Division, Lexington, Kentucky (ACS). The workers provide
transaction processing and customer care services, and are not
separately identifiable by service.
The investigation revealed that workers of ACS who are
engaged in employment related to transaction processing and
customer care services meet the criteria for certification.
Criterion I has been met because a significant number or
proportion of workers have been separated during January
through April 2009 when compared with the corresponding 2008
period.
Criterion II has been met because ACS has shifted to a
foreign country the supply of services like or directly
competitive with the transaction processing and customer care
services supplied by the workers.
Criterion III has been met because the shift of
transaction processing and customer care services to Mexico by
ACS contributed importantly to worker group separations at
ACS.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of ACS Commercial
Solutions, Inc., a subsidiary of Affiliated Computer Services,
Inc., Business Processing Solutions Group, Boost-Lexington
Division, Lexington, Kentucky, who are engaged in employment
related to transaction processing and customer care 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 ACS Commercial Solutions, Inc., a
subsidiary of Affiliated Computer Services, Inc., Business
Processing Solutions Group, Boost-Lexington Division,
Lexington, Kentucky, who became totally or partially
separated from employment on or after June 3, 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 10th day of November, 2009
/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-71,243
ACS COMMERCIAL SOLUTIONS, INC.
A SUBSIDIARY OF AFFILIATED COMPUTER SERVICES, INC.
BUSINESS PROCESSING SOLUTIONS GROUP
BOOST - LEXINGTON DIVISION
LEXINGTON, KENTUCKY
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 June 17, 2009, on behalf of workers of ACS Commercial
Solutions, Inc., a subsidiary of Affiliated Computer Services,
Inc., Business Processing Solutions Group, Boost-Lexington
Division, Lexington, Kentucky (ACS). The workers provide
transaction processing and customer care services, and are not
separately identifiable by service.
The investigation revealed that workers of ACS who are
engaged in employment related to transaction processing and
customer care services meet the criteria for certification.
Criterion I has been met because a significant number or
proportion of workers have been separated during January
through April 2009 when compared with the corresponding 2008
period.
Criterion II has been met because ACS has shifted to a
foreign country the supply of services like or directly
competitive with the transaction processing and customer care
services supplied by the workers.
Criterion III has been met because the shift of
transaction processing and customer care services to Mexico by
ACS contributed importantly to worker group separations at
ACS.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of ACS Commercial
Solutions, Inc., a subsidiary of Affiliated Computer Services,
Inc., Business Processing Solutions Group, Boost-Lexington
Division, Lexington, Kentucky, who are engaged in employment
related to transaction processing and customer care 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 ACS Commercial Solutions, Inc., a
subsidiary of Affiliated Computer Services, Inc., Business
Processing Solutions Group, Boost-Lexington Division,
Lexington, Kentucky, who became totally or partially
separated from employment on or after June 3, 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 10th day of November, 2009
/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Division of
Trade Adjustment Assistance