Certified
« back to search results

TAW-73504  /  Telscape Communications, Inc. (Monrovia, CA)

Petitioner Type: State
Impact Date: 02/16/2009
Filed Date: 02/18/2010
Most Recent Update: 05/21/2010
Determination Date: 05/21/2010
Expiration Date: 05/21/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-73,504

TELSCAPE COMMUNICATIONS, INC.
CUSTOMER SERVICE
MONROVIA, CALIFORNIA

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 18, 2009 by the California Employment
Development Department (CA-EDD) of Norwalk on behalf of workers
of Telscape Communications, Inc., Customer Service, Monrovia,
California (Telscape). The workers are engaged in activities
related to telemarketing services.
The investigation revealed that workers of Telscape who are
engaged in activities related to telemarketing services meet
the criteria for certification.
Criterion I has been met because a significant number or
proportion of the workers in the firm have become totally or
partially separated.
Criterion II has been satisfied because there has been a
shift by the workers' firm to a foreign country in the supply of
services like or directly competitive with those supplied by the
workers' firm.
Criterion III has been met because the shift of
telemarketing services to Mexico by Telscape contributed
importantly to worker group separations at Telscape.





Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Telscape
Communications, Inc., Customer Service, Monrovia, California,
who are engaged in employment related to telemarketing 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 Telscape Communications, Inc., Customer
Service, Monrovia, California, who became totally or
partially separated from employment on or after February
16, 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 21st day of May, 2010.

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