DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-80,290

MGM RESORTS INTERNATIONAL OPERATIONS, INC.
INFORMATION TECHNOLOGY DIVISION
INCLUDING WORKERS REPORTING WAGES UNDER
MGM RESORTS INTERNATIONAL
AND INCLUDING ON-SITE LEASED WOREKRS FROM ROBERT HALF
LAS VEGAS, NEVADA

Notice of Revised Determination
on Reconsideration

The initial investigation, initiated July 15, 2011, resulted in
a negative determination, issued on August 10, 2011, that was based
on the finding that the subject firm does not produce an article.
The determination was applicable to workers and former workers of MGM
Resorts International Operations, Inc., Information Technology
Division, Las Vegas, Nevada (subject firm). The notice of negative
determination was published in the Federal Register on September 2,
2011 (76 FR 54797). The workers’ firm is engaged in activities
related to the supply of resort and casino services. The subject
worker group supplies information technology (IT) Help Desk services.
The subject worker group includes workers reporting wages under MGM
Resorts International and on-site leased workers from Robert Half.
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
acquisition of IT Help Desk services (or like or directly
competitive services) by the subject firm from a foreign country
contributed importantly to separations in MGM Resorts International
Operations, Inc., Information Technology Division, Las Vegas,
Nevada.
Section 222(a)(1) has been met because a significant number or
proportion of the workers in the subject worker group have become
totally or partially separated, or are threatened to become totally
or partially separated.
Section 222(a)(2)(B) has been met because the workers’ firm has
acquired from a foreign country services like or directly competitive
with the IT Help Desk services supplied by the subject worker group
which contributed importantly to worker separations at MGM Resorts
International Operations, Inc., Information Technology Division, Las
Vegas, Nevada.
Conclusion
After careful review, I determine that workers of MGM Resorts
International Operations, Inc., Information Technology Division, Las
Vegas, Nevada, who were engaged in employment related to the supply
of IT Help Desk 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 MGM Resorts International Operations, Inc.,
Information Technology Division, including workers reporting
wages under MGM Resorts International and including on-site
leased workers from Robert Half, Las Vegas, Nevada, who became
totally or partially separated from employment on or after July
14, 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 2nd day of December, 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-80,290

MGM RESORTS INTERNATIONAL OPERATIONS, INC.
INCLUDING WORKERS REPORTING WAGES UNDER
MGM RESORTS INTERNATIONAL
INFORMATION TECHNOLOGY DIVISION
LAS VEGAS, NEVADA

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 July 15, 2011, on behalf of workers of MGM Resorts International
Operations, Inc., including workers reporting wages under MGM Resorts
International, Information Technology Division, Las Vegas, Nevada.
The workers’ firm is engaged in activities related to the supply of
luxury resort and casino services. The Information Technology
Division supplies information technology and help desk services.
The petitioner alleges that the worker separations are due to
a shift of services to a foreign country. During the course of the
investigation, information was collected from the workers’ firm.
The investigation revealed that MGM Resorts International
Operations, Inc., does not produce an article within the meaning of
Section 222(a) or Section 222(b) of the Act. Rather, the workers’
firm supplies services related to luxury resort and casino services
and the Information Technology Division supplies information
technology and help desk services. 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 MGM Resorts International Operations,
Inc., including workers reporting wages under MGM Resorts
International, Information Technology Division, Las Vegas, Nevada,
engaged in activities related to the supply of information
technology and help desk 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 10th day of August, 2011


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








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