DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-73,067

SLASH SUPPORT, INC.
GAMEHOUSE PRODUCTS SUPPORT WORKERS
SOUTH JORDAN, UTAH


Notice of Revised Determination
on Reconsideration

By application dated March 25, 2010, the Department of Labor
(Department) received a request for administrative reconsideration
of the Department’s Notice of negative determination regarding
workers’ eligibility to apply for Trade Adjustment Assistance (TAA)
and Alternative Trade Adjustment Assistance (ATAA) applicable to
workers and former workers of Slash Support, Inc., Gamehouse
Products Support Workers, South Jordan, Utah. The negative
determination was issued on February 26, 2010. The Department’s
Notice of determination was published in the Federal Register on
April 23, 2010 (75 FR 21362). The subject workers provide
technical support services for the cybernet.
The determination was based on the finding that the subject
workers did not meet the employment criterion.
In the request for reconsideration, the petitioner supplied
new information regarding the number of workers separated from the
subject firm.
During the reconsideration investigation, the Department
received additional information from the subject firm which
revealed that a significant proportion or number of workers at
the subject firm was totally or partially separated, or
threatened with such separation; the supply of technical support
services declined at the subject firm during the period of
investigation; increased imports by the subject firm’s major
declining customers of services like or directly competitive with
the technical support services supplied by the subject firm; and
the increased imports of technical support services contributed
importantly to worker separations at the subject firm.
Based on the additional information obtained during the
reconsideration investigation, the Department determines that the
criteria set forth in Section 222(a) have been met.
Conclusion
After careful review of the additional facts obtained on
reconsideration, I determine that workers of Slash Support, Inc.,
GameHouse Products Support Workers, South Jordan, Utah, who were
engaged in employment related to the supply of technical support
services for the cybernet, 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 Slash Support, Inc., GameHouse Products Support
Workers, South Jordan, Utah, who became totally or partially
separated from employment on or after October 28, 2008, through two
years from the date of this 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 25th day of June, 2010

/s/ Del Min Amy Chen
_____________________________
DEL MIN AMY CHEN
Certifying Officer, Division of
Trade Adjustment Assistance

4510-FN-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-73,067

SLASH SUPPORT INC.
GAMEHOUSE PRODUCTS SUPPORT WORKERS
SOUTH JORDAN, UTAH

Negative Determination 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.
Workers of a firm may be eligible for worker adjustment
assistance if they satisfy the criteria of subsection (a), (c) or
(f) of Section 222 of the Act, 19 U.S.C. § 2272(a), (c), (f). For
the Department of Labor to issue a certification for workers under
Section 222(a) of the Act, 19 U.S.C. § 2272(a), the following three
criteria must be met:
I. The first criterion (set forth in Section 222(a)(1) of the
Act, 19 U.S.C. § 2282(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 in one of two
ways:
(A) Increased Imports Path:
(i) sales or production, or both, at the workers’ firm must
have decreased absolutely, AND
(ii) (I) imports of articles or services like or directly
competitive with articles or services produced or
supplied by the workers’ firm have increased, OR
(II)(aa) imports of articles like or directly
competitive with articles into which the component
part produced by the workers’ firm was directly
incorporated have increased; OR
(II)(bb) imports of articles like or directly
competitive with articles which are produced
directly using the services supplied by the
workers’ firm have increased; OR
(III) imports of articles directly incorporating
component parts not produced in the U.S. that are
like or directly competitive with the article into
which the component part produced by the workers’
firm was directly incorporated have increased.

(B) Shift in Production or Supply Path:
(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 increase in imports or
shift/acquisition must have contributed importantly to the
workers’ separation or threat of separation. See Sections
222(a)(2)(A)(iii) and 222(a)(2)(B)(ii) of the Act, 19 U.S.C.
§§ 2272(a)(2)(A)(iii), 2272(a)(2)(B)(ii).

Section 222(d) of the Act, 19 U.S.C. § 2272(d), defines the
terms “Supplier” and “Downstream Producer.” For the Department to
issue a secondary worker certification under Section 222(c) of the
Act, 19 U.S.C. § 2272(c), to workers of a Supplier or a Downstream
Producer, the following criteria must be met:
(1) a significant number or proportion of the workers in the
workers’ firm or an appropriate subdivision of the firm
have become totally or partially separated, or are
threatened to become totally or partially separated;

(2) the workers’ firm is a Supplier or Downstream Producer to
a firm that employed a group of workers who received a
certification of eligibility under Section 222(a) of the
Act, 19 U.S.C. § 2272(a), and such supply or production
is related to the article or service that was the basis
for such certification; and

(3) either
(A) the workers’ firm is a supplier and the component parts
it supplied to the firm described in paragraph (2)
accounted for at least 20 percent of the production or
sales of the workers’ firm; or
(B) a loss of business by the workers’ firm with the firm
described in paragraph (2) contributed importantly to the
workers’ separation or threat of separation.

Workers of a firm may also be considered eligible if they
are publicly identified by name by the International Trade
Commission as a member of a domestic industry in an investigation
resulting in a category of determination that is listed in
Section 222(f) of the Act, 19 U.S.C. § 2272(f).
The group eligibility requirements for workers of a firm under
Section 222(f) of the Act, 19 U.S.C. § 2272(f), can be satisfied if
the following criteria are met:
(1) the workers’ firm is publicly identified by name by the
International Trade Commission as a member of a domestic
industry in an investigation resulting in--
(A) an affirmative determination of serious injury or
threat thereof under section 202(b)(1);
(B) an affirmative determination of market disruption
or threat thereof under section 421(b)(1); or
(C) an affirmative final determination of material
injury or threat thereof under section 705(b)(1)(A)
or 735(b)(1)(A) of the Tariff Act of 1930 (19
U.S.C. 1671d(b)(1)(A) and 1673d(b)(1)(A));
(2) the petition is filed during the 1-year period beginning
on the date on which--
(A) a summary of the report submitted to the President
by the International Trade Commission under section
202(f)(1) with respect to the affirmative
determination described in paragraph (1)(A) is
published in the Federal Register under section
202(f)(3); or
(B) notice of an affirmative determination described in
subparagraph (1) is published in the Federal
Register; and
(3) the workers have become totally or partially
separated from the workers’ firm within--
(A) the 1-year period described in paragraph (2); or
(B) notwithstanding section 223(b)(1), the 1-year
period preceding the 1-year period described in
paragraph (2).

The investigation was initiated in response to a petition
filed on December 10, 2009 by a company official on behalf of
workers of The Game House support workers at Slash Support, Inc.,
South Jordan, Utah (Slash Support). The workers provide
technical support for the cybernet, specifically on the Game
House account.
With respect to Section 222(a) of the Act, the investigation
revealed that Criterion I has not been met because the firm did not
meet the employment criteria. In order to meet the employment
criteria, there must be at least three full-time workers employed
at some point during the period under investigation. Workers of
the group subject to this investigation, the Game House support
workers, did not meet the threshold of employment.
With respect to Section 222(c) of the Act, the investigation
revealed that criterion (1) was not met because the firm did not
meet the employment criteria. In order to meet the employment
criteria, there must be at least three full-time workers employed
at some point during the period under investigation. Workers of
the group subject to this investigation, the Game House support
workers, did not meet the threshold of employment.
Finally, the group eligibility requirements under Section
222(f) of the Act, 19 U.S.C. § 2272(f), have not been satisfied
because the workers’ firm has not been identified in an affirmative
finding of injury by the U.S. International Trade Commission.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Game House support
workers at Slash Support, Inc., South Jordan, Utah who provide
technical support for the cybernet, specifically on the Game
House account are denied eligibility to apply for adjustment
assistance under Section 223 of the Act, 19 U.S.C. § 2273.
Signed in Washington, D.C., this 26th day of February, 2010

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






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