DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-72,429

ARCHWAY
A SUBSIDIARY OF ARCHWAY MARKETING SERVICES
WORKING ON-SITE AT MICROSOFT
FARGO, NORTH DAKOTA

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 September 29, 2009, by a company official on behalf of
workers of Archway, a subsidiary of Archway Marketing Services,
Fargo, North Dakota. The workers provide business process
support related to accounts payable, buy centers, customer
service, and shared services. The worker group includes
leased workers working on-site at Microsoft, Fargo, North
Dakota.
The investigation revealed that workers of Archway who are
engaged in employment related to business process support meet
the criteria for certification.
Criterion I has been met because a significant proportion
of the workers have been threatened with separation during the
relevant period.
Criterion II has been satisfied because the workers' firm
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
business process support from India and Argentina contributed
importantly to worker group separations at the Fargo, North
Dakota facility.


Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Archway, a subsidiary
of Archway Marketing Services, working on-site at Microsoft,
Fargo, North Dakota, who are engaged in employment related to
business process support 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 Archway, a subsidiary of Archway Marketing
Services, working on-site at Microsoft, Fargo, North
Dakota, who became totally or partially separated from
employment on or after September 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 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 11th day of January, 2010

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