DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-75,099

WEST
A THOMSON REUTERS BUSINESS
THOMSON REUTERS LEGAL DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM ADECCO
ALBUQUERQUE, NEW MEXICO

Notice of Termination of
Reconsideration Investigation

On April 28, 2011, the Department of Labor (Department)
issued an Affirmative Determination Regarding Application for
Reconsideration for workers and former workers of West, A Thomson
Reuters Business, Thomson Reuters Legal Division, including On-
Site Leased Workers from Adecco, Albuquerque, New Mexico. The
Department’s Notice of affirmative determination was published in
the Federal Register on May 11, 2011 (76 FR 27365).
On July 20, 2011, the Department issued an amended
certification applicable to workers and former workers of West,
A Thomson Reuters Business, Thomson Reuters Legal, including
on-site leased workers from Adecco, including a teleworker
located in Albuquerque, New Mexico reporting to Eagan, Minnesota
(TA-W-73,198). The Department’s Notice of amended certification
will soon be published in the Federal Register.
Because the petitioning group of workers is covered by an
existing certification which expires on June 21, 2012, further
investigation in this case would serve no purpose, and the
reconsideration investigation has been terminated.
Conclusion
After careful review of the administrative record and the
findings of the reconsideration investigation, I am terminating the
investigation of the petition for worker adjustment assistance
filed on behalf of workers and former workers of West, A Thomson
Reuters Business, Thomson Reuters Legal Division, including on-site
leased workers from Adecco, Albuquerque, New Mexico.
Signed in Washington, D.C., on this 29th day of July, 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-75,099

WEST
A THOMSON REUTERS BUSINESS
THOMSON REUTERS LEGAL DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM ADECCO
ALBUQUERQUE, NEW MEXICO

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 to apply 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 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), 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 February 14, 2011 by a State of New Mexico Trade
Adjustment Assistance (TAA) Coordinator on behalf of a worker of
West, A Thomson Reuters Business, Thomson Reuters Legal Division,
Albuquerque, New Mexico (subject firm). Workers of the subject firm
supply legal, business and regulatory information services.
The petitioner identified the worker group to consist of “1”
worker who is a “quality assurance software tester.” The
petitioner stated that “The worker(s) were advised that the QA
jobs were being outsources to Manilla” and that workers at
another site were eligible to apply for TAA under TA-W-74,888.
The group eligibility requirements under Section 222(a) and
(c) of the Act, 19 U.S.C. § 2272(a) and (c), have not been
satisfied because the investigation revealed that only one worker
has been totally or partially separated from the subject firm.
29 CFR 90.2 states that a significant number or proportion of
the workers means at least three workers in a firm (or appropriate
subdivision thereof) with a workforce of fewer than 50 workers, or
five percent of the workers or 50 workers, whichever is less, in a
workforce of 50 or more workers.
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 West, A Thomson Reuters
Business, Thomson Reuters Legal Division, Albuquerque, New Mexico,
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 4th day of March, 2011



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



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