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TAW-74290  /  Supermedia LLC (Middleton, MA)

Petitioner Type: State
Impact Date: 06/23/2009
Filed Date: 06/24/2010
Most Recent Update: 09/03/2010
Determination Date: 09/03/2010
Expiration Date: 01/21/2013

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-74,290

SUPERMEDIA LLC
FORMERLY KNOWN AS IDEARC MEDIA LLC
SUPERMEDIA INFORMATION SERVICES LLC
CLIENT CARE GROUP AND PUBLISHING OPERATIONS GROUP
INCLUDING ON-SITE LEASED WORKERS OF ADVANTAGE (TAC),
RESRCCONN, TATACONSSV, MODIS, AMDOCS, AND DATABASE
MIDDLETON, MASSACHUSSETTS

Notice of Revised Determination
on Reconsideration

By application dated October 7, 2010, the petitioner requested
administrative reconsideration of the Department's negative
determination regarding the eligibility of workers and former
workers of SuperMedia LLC, formerly known as Idearc Media LLC,
Client Care Group and Publishing Operations Group, Middleton,
Massachusetts to apply for Trade Adjustment Assistance (TAA). On
October 7, 2010, the Department issued a Notice of Affirmative
Determination Regarding Application for Reconsideration applicable
to workers of the subject firm. The Notice was published in the
Federal Register on October 25, 2010 (75 FR 65515). The subject
workers are engaged in employment related to the supply of customer
service, publishing support services, and publishing operations.
During the reconsideration investigation, the Department
received information that revealed that the subject firm had
shifted to a foreign country a portion of the supply of services
like or directly competitive with the services supplied by the
subject workers, and that the shift in services contributed
importantly to worker group separations at the subject firm.
Conclusion
After careful review of the additional facts obtained on
reconsideration, I determine that workers of the subject firm, who
are engaged in employment related to the supply of customer
service, publishing support services, and publishing 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 SuperMedia LLC, formerly known as Idearc
Media LLC, Supermedia Information Services LLC, Client Care
Group and Publishing Operations Group, including on-site
leased workers from Advantage (TAC), Resprcconn, Tataconssv,
Modis, Amdocs, and Database, Middleton, Massachusetts, who
became totally or partially separated from employment on or
after June 23, 2009, through two years from the date of this
revised 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 January, 2011

/s/ Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
4510-FN-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-74,290

SUPERMEDIA LLC
FORMERLY KNOWN AS IDEARC MEDIA LLC
SUPERMEDIA INFORMATION SERVICES LLC
CLIENT CARE GROUP AND PUBLISHING OPERATIONS GROUP
INCLUDING ON-SITE LEASED WORKERS OF ADVANTAGE (TAC),
RESRCCONN, TATACONSSV, MODIS, AMDOCS, AND DATABASE
MIDDLETON, MASSACHUSSETTS

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 June 24, 2010 by a State Workforce Office on behalf of
workers of SuperMedia LLC, formerly known as Idearc Media LLC,
Client Care Group and Publishing Operations Group, Middleton,
Massachusetts. The workers are engaged in activities related to
customer service in support of the company’s customers and internal
publishing support services (i.e. production schedules, methods and
procedures, online documentation, product specifications,
Competitive Local Exchange Carrier (CLEC) information, and records
retention) Workers are separately identifiable by group and include
on-site leased workers Advantage (TAC), ResrcConn, TataConsSv,
Modis, Amdocs, and Database.
The petitioner made the allegation that the subject firm’s
customer service and publishing support services are being shifted
to India. The investigation included a request of data provided by
the company official with subsequent phone and e-mail follow-up.
With respect to Section 222(a) of the Act, the investigation
revealed that Criterion II and III have not been met.
Criterion II has not been met because there were no imports
of either customer service or publishing support services by the
subject firm. Moreover, contrary to the initial allegation stated
on the petition, the subject firm did not shift customer service
and publishing support services to a foreign country or acquire
the aforementioned services from a foreign country during the
relevant period. A shift in production occurred at an affiliated
location. That shift had no impact on the workers at the subject
firm lcoation.
Criterion III has not been met because the worker
separations at the subject firm were not caused by a shift in
services to a foreign country or an increase in imports during
the relevant period.
With respect to Section 222(c) of the Act, the investigation
revealed that Criterion (2) has not been met because the workers
did not produce an article or supply a service that was used by a
firm with TAA-certified workers in the production of an article
or supply of service that was the basis for TAA-Certification.
Finally, the group eligibility requirements under Section
222(f) of the Act, 19 U.S.C. § 2272(f), have not been satisfied
because the subject firm has not been identified in an affirmative
finding of injury by the International Trade Commission.


Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of SuperMedia LLC,
formerly known as Idearc Media LLC, Client Care Group and
Publishing Operations Group, Middleton, Massachusetts, who are
engaged in activities related to customer service and publishing
support services 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 3rd day of September, 2010.


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







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