Certified
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TAW-74412  /  Convergys (Albuquerque, NM)

Petitioner Type: Workers
Impact Date: 06/29/2009
Filed Date: 07/20/2010
Most Recent Update: 09/17/2010
Determination Date: 09/17/2010
Expiration Date: 09/17/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-74,412

CONVERGYS
ALBUQUERQUE, NEW MEXICO

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:
(1) a significant number or proportion of the workers in such
workers' firm have become totally or partially separated, or
are threatened to become totally or partially separated; and

(2)(A)(i) the sales or production, or both, of such firm have
decreased absolutely; and

(ii)(I) imports of articles or services like or directly
competitive with articles produced or services supplied by
such firm have increased; and

(iii) the increase in imports described in clause (ii)
contributed importantly to such workers' separation or
threat of separation and to the decline in the sales or
production of such firm.

The investigation was initiated in response to a petition
filed on July 20, 2010 by three workers of Convergys,
Albuquerque, New Mexico. The workers provide information
technology support services and are not separately
identifiable by service.
The investigation revealed that workers of the subject firm
meet the criteria for certification.
Section 222(a)(1) has been met because all workers at the
subject firm have been separated during the relevant period.
Section 222(a)(2)(A)(i) has been met because the sales of
information technology support services by the subject firm
have decreased absolutely during the relevant period.
Section 222(a)(2)(A)(ii) has been met because customer
imports of articles like or directly competitive with
information technology support services supplied by the
subject firm have increased during the relevant period.
The Department of Labor surveyed the subject firm's major
declining customer regarding their imports of information
technology support services during 2008, 2009, January through
June 2009, and January through June 2010. The survey revealed
a major customer increased their reliance on imported services
like or directly competitive with the information technology
support services supplied by the subject firm.
Finally, Section 222(a)(2)(A)(iii) has been met because the
increased imports of information technology support services by
the customer contributed importantly to the worker separations
and sales/production declines at the subject firm.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of the Convergys,
Albuquerque, New Mexico, who are engaged in information
technology support services, 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 Convergys, Albuquerque, New Mexico, who
became totally or partially separated from employment on or
after June 29, 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 17th day of September, 2010


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