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TAW-74954  /  VCustomer Corporation (Kirkland, WA)

Petitioner Type: State
Impact Date: 11/30/2009
Filed Date: 12/02/2010
Most Recent Update: 04/07/2011
Determination Date: 04/07/2011
Expiration Date: 04/07/2013


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-74,954

VCUSTOMER CORPORATION
INCLUDING TELE-WORKERS REPORTING TO
KIRKLAND, WASHINGTON

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 December 2, 2010, by a state workforce agent on behalf
of workers of vCustomer Corporation, Kirkland, Washington (the
subject firm). The subject worker group supplied marketing,
financing, sales, and administrative support services. The
worker group includes tele-workers who report to the Kirkland,
Washington facility.
The investigation revealed that workers of the subject
firm, who are engaged in employment related to the supply of
marketing, financing, sales, and administrative support
services, meet the criteria for certification.
Criterion I has been met because a significant number or
proportion of workers at the subject firm has been totally or
partially separated, or threatened with such separation. While
employment at the Kirkland, Washington facility fluctuated
during the relevant period, the subject facility closed.
Criterion II has been met because the subject firm
continued to operate its foreign facilities, including the
supply of services like or directly competitive with the
marketing, financing, sales and administrative support functions
services formerly supplied by the subject workers, following
the closure of the subject facility.
Criterion III has been met because the shift in supply of
services abroad contributed importantly to worker group
separations at the Kirkland, Washington facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of vCustomer
Corporation, Kirkland, Washington, who are engaged in
employment related to the supply of marketing, financing,
sales, and administrative 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 vCustomer Corporation, including tele-
workers reporting to, Kirkland, Washington, who became
totally or partially separated from employment on or after
November 30, 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 7th day of April, 2011

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