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TAW-80367  /  Certegy Check Services, Inc. (Saint Petersburg, FL)

Petitioner Type: Workers
Impact Date: 08/08/2010
Filed Date: 08/12/2011
Most Recent Update: 08/26/2011
Determination Date: 08/26/2011
Expiration Date: 12/09/2013

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-80,367

CERTEGY CHECK SERVICES, INC.
A SUBSIDIARY OF FIDELITY NATIONAL INFORMATION SERVICES, INC.
INCLUDING ON-SITE LEASED WORKERS FROM APEX SYSTEMS, EXPERIS
(FORMERLY COMSYS SERVICES, LLC), DISYS -DIGITAL INTELLIGENCE
SYSTEM CORP., FUTURE LINK, INC., INSIGHT GLOBAL, INC., KFORCE,
PRINCETON INFORMATION, RITA TECHNOLOGY SERVICES, TEAM
INFORMATION SERVICES, INC., THE JUDGE GROUP, RANDSTAD
TECHNOLOGIES (FORMERLY SAPPHIRE TECHNOLOGIES, LLC.),
TEKSYSTEMS, VEREDUS CORPORATION, SINGATURE CONSULTANTS, LLC.,
SOFTWARE RESOURCE, INC., CAPITAL STAFFING SOLUTIONS, INC.,
CAPITAL STAFFING SOLUTIONS, INC., TODAYS OFFICE PROFESSIONALS,
AEROTEK, MANPOWER, KELLY SERVICES AND APPLE ONE
ST. PETERSBURG, FLORIDA

Notice of Revised Determination
on Reconsideration


The initial investigation, initiated August 12, 2011, resulted
in a negative determination, issued on August 26, 2011, that was
based on absence of a produced article. The determination was
applicable to workers and former workers of Certegy Check Services,
Inc., a subsidiary of Fidelity National Information Services, Inc.,
Apex Systems, Experis (formerly COMSYS Services, LLC), DISYS-
Digital Intelligence Systems Corp., Future Link, Inc., Insight
Global, Inc., Kforce, Princeton Information, Rita Technology
Services, Team International Services, Inc., The Judge Group,
Randstad Technologies (formerly Sapphire Technologies, LLC),
TEKsystems, Veredus Corporation, Signature Consultants, LLC.,
Software Resources, Inc., Capital Staffing Solutions Inc., Todays
Office Professionals, Aerotek, Manpower, Kelly Services and Apple
One, St. Petersburg, Florida. The notice of negative determination
was published in the Federal Register on September 14, 2011 (Vol.
FR 56817).
The workers’ firm supplies check cashing services. The
subject worker group provides related call center and data entry
support services.
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 meets the requirements for eligibility to apply for trade
adjustment assistance.
Section 222(a)(1) has been met because a significant number
or proportion of the workers in such workers’ firm 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 shifted to a foreign country the supply of services like or
directly competitive with call center and data entry support
services supplied by the workers which contributed importantly to
worker group separations at Certegy Check Services, Inc., a
subsidiary of Fidelity National Information Services, Inc., St.
Petersburg, Florida.
Conclusion
After careful review, I determine that workers of Certegy Check
Services, Inc., a subsidiary of Fidelity National Information
Services, Inc., including on-site leased workers Apex Systems,
Experis (formerly COMSYS Services, LLC), DISYS-Digital Intelligence
Systems Corp., Future Link, Inc., Insight Global, Inc., Kforce,
Princeton Information, Rita Technology Services, Team International
Services, Inc., The Judge Group, Randstad Technologies (formerly
Sapphire Technologies, LLC), TEKsystems, Veredus Corporation,
Signature Consultants, LLC., Software Resources, Inc., Capital
Staffing Solutions Inc., Todays Office Professionals, Aerotek,
Manpower, Kelly Services and Apple One, St. Petersburg, Florida,
who supply call center and data entry 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 Certegy Check Services, Inc., a subsidiary of
Fidelity National Information Services, Inc., including on-
site leased workers from Apex Systems, Experis (formerly
COMSYS Services, LLC), DISYS-Digital Intelligence Systems
Corp., Future Link, Inc., Insight Global, Inc., Kforce,
Princeton Information, Rita Technology Services, Team
International Services, Inc., The Judge Group, Randstad
Technologies (formerly Sapphire Technologies, LLC),
TEKsystems, Veredus Corporation, Signature Consultants, LLC.,
Software Resources, Inc., Capital Staffing Solutions Inc.,
Todays Office Professionals, Aerotek, Manpower, Kelly Services
and Apple One, St. Petersburg, Florida, who became totally or
partially separated from employment on or after August 8,
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 9th 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-80,367

CERTEGY CHECK SERVICES, INC.
A SUBSIDIARY OF FIDELITY NATIONAL INFORMATION SERVICES, INC.
ST. PETERSBURG, FLORIDA

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 August 12, 2011 on behalf of workers of Certegy Check
Services, Inc., a subsidiary of Fidelity National Information
Services, Inc., St. Petersburg, Florida. The workers’ firm supplies
check cashing services. The subject worker group provides related
call center and data entry support services.
The petition alleges that the supply of data entry services
was shifted to an affiliated location in India.
During the course of the investigation, information was
collected from the petitioners and company officials.
The investigation revealed that Certegy Check Services, Inc.,
a subsidiary of Fidelity National Information Services, Inc., St.
Petersburg, Florida, does not produce an article within the meaning
of Section 222(a) or Section 222(b) of the Act. Rather, the
workers’ firm supplies check cashing and related support 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 all workers of Certegy Check
Services, Inc., a subsidiary of Fidelity National Information
Services, Inc., St. Petersburg, Florida 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 26th day of August, 2011


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



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