DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-80,153

INTERCONTINENTAL HOTELS GROUP
ATLANTA DATA CENTER
A SUBSIDIARY OF INTERCONTINENTAL HOTELS GROUP PLC
INCLUDING ON-SITE LEASED WORKERS FROM AGILE RESOURCES, INC.,
ALLEGIS GROUP SERVICES, AMERICAN CYBERSYSTEMS, INC., ANTEO GROUP
LLC, APEX SYSTEMS, INC., ASAP STAFFING, LLC, ATTERO, INC., CHOICE
TECHNOLOGY GROUP, INC., COMFORCE INFORMATION TECHNOLOGIES, INC.,
CORNERSTONE SOLUTIONS PARTNERS, LLC, MATRIX RESOURCES, PYRAMID
CONSULTING, INC., AND PRINCIPLE SOLUTIONS GROUP
ALPHARETTA, GEORGIA

Notice of Revised Determination
on Reconsideration

The initial investigation, initiated May 5, 2011, resulted in a
negative determination, issued on September 15 2011, which was based
on the determination that the workers’ firm not produce an article.
The determination was applicable to workers and former workers of
Intercontinental Hotels Group, Atlanta Data Center, a subsidiary of
International Hotels Group PLC, Alpharetta, Georgia (subject firm).
The notice of negative determination was published in the Federal
Register on October 5, 2011 (76 FR 61743). The subject firm is
engaged in activities related to the supply of technical services and
information technology (IT) support services. The subject worker
group supplies IT solutions, engineering and support for all subject
firm global revenue and corporate systems, and is responsible for the
operations of all technologies within the Atlanta Data Center,
reservation centers, and global networks. The subject worker group
includes on-site leased workers from Agile Resources, Inc., Allegis
Group Services, American Cybersystems, Inc., Anteo Group LLC, Apex
Systems, Inc., ASAP Staffing, LLC, Attero, Inc., Choice Technology
Group, Inc., Comforce Information Technologies, Inc., Cornerstone
Solutions Partners, LLC, Matrix Resources, Pyramid Consulting,
Inc., and Principle Solutions Group.
As required by the Trade Adjustment Assistance (TAA) Extension
Act of 2011 (the TAAEA), the investigation into this petition was
reopened for a reconsideration investigation to apply the
requirements for worker group eligibility under chapter 2 of title II
of the Trade Act of 1974, as amended by the TAAEA, to the facts of
this petition.
Based on information reviewed during the reconsideration
investigation, the Department of Labor determines that the worker
group eligibility criteria of TAAEA has been met.
Section 222(a)(1) has been met because a significant number or
proportion of the workers at Intercontinental Hotels Group, Atlanta
Data Center, Alpharetta, Georgia have become totally or partially
separated, or are threatened with such separation.
Section 222(a)(2)(B) has been met because Intercontinental
Hotels Group has acquired from a foreign country services like or
directly competitive with the services supplied by the subject firm
which contributed importantly to separations at the subject firm.
Conclusion
After careful review, I determine that workers of
Intercontinental Hotels Group, Atlanta Data Center, a subsidiary of
International Hotels Group PLC, Alpharetta, Georgia, who were
engaged in employment related to the supply of technical services and
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 Intercontinental Hotels Group, Atlanta Data
Center, a subsidiary of International Hotels Group PLC,
including on-site leased workers from Agile Resources, Inc.,
Allegis Group Services, American Cybersystems, Inc., Anteo
Group LLC, Apex Systems, Inc., ASAP Staffing, LLC, Attero,
Inc., Choice Technology Group, Inc., Comforce Information
Technologies, Inc., Cornerstone Solutions Partners, LLC,
Matrix Resources, Pyramid Consulting, Inc., and Principle
Solutions Group, Alpharetta, Georgia, who became totally or
partially separated from employment on or after May 4, 2010,
through two years from the date of this certification, and all
workers in the group threatened with total or partial separation
from employment on December 20, 2011 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 25th day of November, 2011

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


DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-80,153

INTERCONTINENTAL HOTELS GROUP
ATLANTA DATA CENTER
A SUBSIDIARY OF INTERCONTINENTAL HOTELS GROUP PLC
ALPHARETTA, GEORGIA

Negative Determination Regarding Eligibility
To Apply For Worker Adjustment Assistance
And Alternative Trade 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) and
(b) of Section 222 of the Act, 19 U.S.C. § 2272(a) and (b). 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:
(1) 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 such 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 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) imports of articles like or directly competitive with
articles produced by such firm or subdivision have
increased; and
(iii) the increase 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 or subdivision.

(B) Shift in Production Path:
(i) there has been a shift in production by such workers’
firm or subdivision to a foreign country of articles
like or directly competitive with articles which are
produced by such firm or subdivision; and
(ii)(I) the country to which the workers’ firm has
shifted production of the articles is a party to a
free trade agreement with the United States;
(II)the country to which the workers’ firm has
shifted production of the articles is a beneficiary
country under the Andean Trade Preference Act, African
Growth and Opportunity Act, or the Caribbean Basin
Economic Recovery Act; or
(III)there has been or is likely to be an increase
in imports of articles that are like or directly
competitive with articles which are or were produced
by such firm or subdivision.

For the Department to issue a secondary worker certification
under Section 222(b) of the Act, 19 U.S.C. § 2272(b), 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 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.

Section 222(c) of the Act, 19 U.S.C. § 2272(c), defines the
terms “Supplier” and “Downstream Producer.”
The investigation was initiated in response to a petition
filed on May 5, 2011 on behalf of workers of InterContinental
Hotels Group Atlanta Data Center (IHG Atlanta Data Center),
Alpharetta, Georgia. The worker group supplies information
technology support services.
The petition alleges that workers’ jobs were shifted to a
foreign country. During the course of the investigation,
information was collected from the workers’ firm.
The investigation revealed that IHG Atlanta Data Center does
not produce an article within the meaning of Section 222(a) or
Section 222(b) of the Act. In order to be considered eligible to
apply for adjustment assistance under Section 223 of the Trade
Act of 1974, the worker group seeking certification (or on whose
behalf certification is being sought) must work for a “firm” or
appropriate subdivision that produces an article. The definition
of a firm includes an individual proprietorship, partnership,
joint venture, association, corporation (including a development
corporation), business trust, cooperative, trustee in bankruptcy,
and receiver under decree of any court.
In order for the Department to issue a certification of
eligibility to apply for alternative trade adjustment assistance
(ATAA), the worker group must be certified eligible to apply for
trade adjustment assistance (TAA). Since the workers are denied
eligibility to apply for TAA, the workers cannot be certified
eligible for ATAA.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of InterContinental
Hotels Group Atlanta Data Center, a subsidiary of
InterContinental Hotels Group PLC, Alpharetta, Georgia, engaged
in activities related to the supply of information technology
support services, are denied eligibility to apply for adjustment
assistance under Section 223 of the Trade Act of 1974, and are
also denied eligibility to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974.
Signed in Washington, D.C., this 15th day of September, 2011


/s/Michael W. Jaffe
____________________________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance




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