Certified
« back to search results

TAW-71527  /  Pomeroy IT Solutions (Cincinnati, OH)

Petitioner Type: Workers
Impact Date: 06/26/2008
Filed Date: 07/02/2009
Most Recent Update: 03/18/2010
Determination Date: 03/18/2010
Expiration Date: 03/18/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-71,527

POMEROY IT SOLUTIONS
WORKING ON-SITE AT CINCINNATI BELL
CINCINNATI, OHIO

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 26 on behalf of workers of Pomeroy IT Solutions,
working on-site at Cincinnati Bell, Cincinnati, Ohio. The
workers provide helpdesk and information technology support
services. The worker group worked under the operational control
of Cincinnati Bell and may be considered joint employees of
Pomeroy IT Solutions and Cincinnati Bell.
The investigation revealed that workers of Pomeroy IT
Solutions, who are engaged in employment related to helpdesk and
information technology services, meet the criteria for
certification.
Section 222(a)(1) has been met because a significant
number of workers were separated within the last year.
Criterion II has been satisfied because Cincinnati Bell
has acquired from a foreign country services like or directly
competitive with the services supplied by the workers.
Criterion III has been met because the acquisition of
helpdesk and IT support services from the Philippines by
Cincinnati Bell contributed importantly to worker group
separations at Pomeroy IT Solutions.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Pomeroy IT Solutions,
who are engaged in employment related to helpdesk and
information technology support 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 Pomeroy IT Solutions, working on-site at
Cincinnati Bell, Cincinnati, Ohio, who became totally or
partially separated from employment on or after June 26,
2008, through two years from the date of certification, and
all workers in the group threatened with total or partial
separation from employment on the 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 18th day of March, 2010

/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Division of
Trade Adjustment Assistance