DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-71,778

DIGITAL RIVER, INC
CALL CENTER OPERATIONS
INCLUDING ON-SITE LEASED WORKERS FROM:
MASTERSON PERSONNEL
EDEN PRAIRIE, MINNESOTA

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 July 22, 2009 by the state workforce office on behalf
of workers of Digital River Inc., Call Center Operations,
including on-site leased workers from Masterson Personnel,
Eden Prairie, Minnesota (Digital River). The workers are
engaged in customer call center operations.
The investigation revealed that workers of Digital River
who are engaged in employment related to customer call center
operations meet the criteria for certification.
Criterion I has been met because employment declined at
the subject plant and further layoffs are anticipated in the
near future.
Criterion II has been satisfied because the workers firm
has acquired from the United Kingdom and Philippines customer
service call center operations.
Criterion III has been met because the acquisition of
customer call center operations from the United Kingdom and
Philippines by Digital River contributed importantly to worker
group separations at Digital River.



Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Digital River, Inc.,
Call Center Operations, including on-site leased workers from:
Masterson Personnel, Eden Prairie, Minnesota, who are engaged in
employment related to customer call center operations 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 Digital River, Inc., Call Center
Operations, including on-site leased workers from Masterson
Personnel, Eden Prairie, Minnesota, who became totally or
partially separated from employment on or after July 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 3rd day of September, 2009.


/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance