Certified
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TAW-73481  /  Dish Network, LLC (Mckeesport, PA)

Petitioner Type: Workers
Impact Date: 02/08/2009
Filed Date: 02/17/2010
Most Recent Update: 05/25/2010
Determination Date: 05/25/2010
Expiration Date: 05/25/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-73,481

DISH NETWORK, LLC
CUSTOMER SERVICE CALL CENTER
INCLUDING ON-SITE LEASED WORKERS FROM
CLEAN CARE AND US SECURITY ASSOCIATES
MCKEESPORT, PENNSYLVANIA

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 February 17, 2010 on behalf of workers of Dish
Network, LLC., Customer Service Call Center, McKeesport,
Pennsylvania (Dish Network). The workers are engaged in
activities related to call center operations.
The investigation revealed that workers of Dish Network who
are engaged in activities related to call center operations
meet the criteria for certification.
Criterion I has been met because a significant number or
proportion of the workers at Dish Network have become totally or
partially separated.
Criterion II has been satisfied because there has been a
shift by Dish Network to a foreign country in the supply of
services like or directly competitive with those supplied by the
Dish Network.
Criterion III has been met because the shift of call
center operations to the Philippines, Costa Rica, Dominican
Republic and Mexico by Dish Network contributed importantly to
worker group separations at Dish Network.


Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Dish Network, LLC.,
Customer Service Call Center, including on-site leased workers
from Clean Care and US Security Associates, McKeesport,
Pennsylvania, who are engaged in employment related to 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 Dish Network, LLC., Customer Service Call
Center, including on-site leased workers from Clean Care
and US Security Associates, McKeesport, Pennsylvania, who
became totally or partially separated from employment on or
after February 8, 2009, 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 25th day of May, 2010.

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