DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-74,347

NCR CORPORATION
UNITED STATES POSTAL SERVICE HELP DESK
CUSTOMER CARE CENTER
INCLUDING ON-SITE LEASED WORKERS OF VOLT CONSULTING
WEST COLUMBIA, SOUTH CAROLINA

TA-W-74,347A

NCR CORPORATION
CALL CENTER
INCLUDING ON-SITE LEASED WORKERS OF VOLT CONSULTING
WEST COLUMBIA, SOUTH CAROLINA

Notice of Revised Determination
on Reconsideration


On October 7, 2010, the Department issued an Affirmative
Determination Regarding Application for Reconsideration for the
workers and former workers of NCR Corporation, Customer Care
Center, United States Postal Service Help Desk, West Columbia,
South Carolina. The Department’s Notice was published in the
Federal Register on October 25, 2010 (75 FR 65515).
Pursuant to 29 CFR 90.18(c), reconsideration may be granted
under the following circumstances:
(1) If it appears on the basis of facts not previously
considered that the determination complained of
was erroneous;
(2) if it appears that the determination complained of
was based on a mistake in the determination of facts
not previously considered; or
(3) if in the opinion of the Certifying Officer, a mis-
interpretation of facts or of the law justified
reconsideration of the decision.
The initial negative determination was based on the findings
that the worker separations, or threat of separation, were not
due to either a shift in the supply of support service abroad by
NCR Corporation, Customer Care Center, United States Postal
Service Help Desk, or increased imports of services like or
directly competitive with those supplied at NCR Corporation,
Customer Care Center, United States Postal Service Help Desk,
West Columbia, South Carolina. The initial investigation also
revealed that NCR Corporation, Customer Care Center, United
States Postal Service Help Desk, West Columbia, South Carolina,
did not supply a service to a firm that employed a worker group
eligible to apply for Trade Adjustment Assistance (TAA).
A careful review of previously-submitted information
confirmed that workers at NCR Corporation are separately
identifiable by service supplied. As such, the Department
determines that there are two worker groups at the West Columbia,
South Carolina facility: the United States Postal Service (USPS)
Help Desk within the Customer Care Center (TA-W-74,347) and the
NCR Corporation’s Call Center (TA-W-74,347A).
Therefore, for purposes of the Trade Act of 1974, as
amended, the subject worker group of TA-W-74,347 consists of
workers and former workers of USPS Help Desk who are engaged in
employment related to the supply of technical support services
for the USPS. This worker group excludes workers not assigned to
the Customer Care Center and workers within the Customer Care
Center who are assigned to other Help Desks. This worker group
includes on-site leased workers of Volt Consulting.
Moreover, the subject worker group of TA-W-74,347A consists
of workers and former workers of the Call Center who are engaged
in employment related to the supply of technical support
services. This worker group excludes workers not assigned to the
Call Center located in West Columbia, South Carolina. This
worker group includes on-site leased workers of Volt Consulting.
Information obtained during the reconsideration investigation
confirmed that, during the relevant period, NCR Corporation did not
shift to a foreign country the supply of services like or directly
competitive with the services supplied by the USPS Help Desk, nor
has there has been an acquisition from a foreign country by NCR
Corporation of services like or directly competitive with those
supplied by the USPS Help Desk. Rather, the services which were
supplied by the workers at USPS Help Desk in West Columbia, South
Carolina are being performed at other NCR Corporation facilities
within the United States, per the client. Therefore, the
Department determines that workers and former workers of NCR
Corporation, Customer Care Center, United States Postal Service
Help Desk, West Columbia, South Carolina have not met the
eligibility criteria for TAA.
Information obtained during the initial investigation revealed
that a significant number of workers at NCR Corporation, Call
Center, West Columbia, South Carolina have been totally or
partially separated, or are threatened with such separation; that
NCR Corporation has shifted to a foreign country the supply of
services like or directly competitive with the services supplied by
the Call Center; and that the shift to India has contributed
importantly to worker separations (total or partial), or threat of
such separations, at NCR Corporation, Call Center, West Columbia,
South Carolina. Therefore, the Department determines that workers
and former workers of NCR Corporation, Call Center, West Columbia,
South Carolina have met the eligibility criteria for TAA.
Conclusion
After careful review of the additional facts obtained during
the reconsideration investigation, I affirm the original notice of
negative determination of eligibility to apply for worker
adjustment assistance for workers and former workers of NCR
Corporation, Customer Care Center, United States Postal Service
Help Desk, West Columbia, South Carolina (TA-W-74,347) and
determine that workers and former workers of NCR Corporation, Call
Center, West Columbia, South Carolina (TA-W-74,347A), 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 NCR Corporation, Call Center, including on-
site leased workers of Volt Consulting, West Columbia, South
Carolina (TA-W-74,347A), who became totally or partially
separated from employment on or after June 18, 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 1st day of April, 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-74,347

NCR CORPORATION
USPS HELP DESK OF CUSTOMER CARE CENTER
INCLUDING ON-SITE LEASED WORKERS OF VOLT CONSULTING
WEST COLUMBIA, SOUTH CAROLINA

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 July 7, 2010 by three workers of NCR Corporation, USPS
Help Desk of Customer Care Center, West Columbia, South Carolina.
The workers are engaged in activities related to information
technology support service. Workers are not separately
identifiable by service and also include on-site leased workers
of Volt Consulting.
The petitioner alleges that the subject firm’s permanent
closure is linked to a shift in service to India.
The investigation included obtaining written and oral
information from company officials of the subject firm.
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 the subject firm did not
shift information technology support service abroad or acquire
service from a foreign country during the relevant period, nor did
the subject firm import the supply of information technology
support service. The investigation further revealed that the
services provided by the worker group are performed within the
corporation.
Criterion III has not been met because the worker separations
or threat of separation was not related to a shift in information
technology support service abroad or increased imports of service
by the subject firm 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 did not supply a service that was used by a firm whose
workers were certified for Trade Adjustment Assistance in the
production of an article or supply of a 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 workers’ 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 NCR Corporation, USPS
Help Desk of Customer Care Center, including on-site leased
workers of Volt Consulting, West Columbia, South Carolina 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 16th day of August, 2010

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





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