Certified
« back to search results

TAW-74682  /  Broadview Network Holdings, Inc. (Rye Brook, NY)

Petitioner Type: Workers
Impact Date: 09/27/2009
Filed Date: 09/29/2010
Most Recent Update: 10/20/2010
Determination Date: 10/20/2010
Expiration Date: 10/20/2012

DEPARTMENT OF LABOR
Employment and Training Administration

TA-W-74,682

BROADVIEW NETWORK HOLDINGS, INC.
RYE BROOK, NEW YORK

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. (Set forth in 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 September 29, 2010 on behalf of workers of Broadview
Network Holdings, Inc., Rye Brook, New York. The workers are
engaged in customer support services.
The investigation revealed that workers of Broadview
Network Holdings, Inc., Rye Brook, New York, who are engaged in
activities related to customer support services, meet the
criteria for certification.
Criterion I has been met because a significant proportion
of the workers have been separated during the relevant period.
Criterion II has been satisfied because the workers' firm
has acquired from a foreign country services like or directly
competitive with the customer support services supplied by the
workers.
Criterion III has been met because the acquisition of
services contributed importantly to worker group separations
at Broadview Network Holdings, Inc., Rye Brook, New York.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Broadview Network
Holdings, Inc., Rye Brook, New York, who are engaged in
employment related to customer 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 Broadview Network Holdings, Inc., Rye
Brook, New York, who became totally or partially separated
from employment on or after September 27, 2009, through two
years from the date of certification, and all workers in
the group threatened with total or partial separation from
employment on the 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 20th day of October, 2010


/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Division of
Trade Adjustment Assistance