DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-80,374

STREAM GLOBAL SERVICES, INC.
ADCENTER
BEAVERTON, OREGON


Notice of a Revised Determination
on Reconsideration

The initial investigation, initiated on August 17, 2011,
resulted in a negative determination, issued on September 23, 2011,
applicable to workers and former workers of Stream Global Services,
Inc., Beaverton, Oregon. The determination was based on the
Department’s finding that the workers’ firm did not produce an
article, as required by the Trade Act of 1974, as amended.
As required by the Trade Adjustment Assistance Extension Act
of 2011 (the TAAEA), the investigation 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. This investigation resulted in a negative
determination, which was issued on January 25, 2012.
Pursuant to 29 CFR 90.18, an application for administrative
reconsideration was filed on February 22, 2012. On April 27, 2012,
the Department issued an Affirmative Determination Regarding
Application for Reconsideration for the workers and former workers
of Stream Global Services, Inc., Beaverton, Oregon.
During the administrative reconsideration investigation, the
Department received additional information that clarified that the
worker group is Stream Global Services, Inc., AdCenter, Beaverton,
Oregon (subject firm). The Department also confirmed that the
workers’ firm is engaged in activities related to the supply of
call center support services, which includes a range of mediums
including electronic mails, telephone calls, and electronic “chat”
functions. Specifically, the subject worker group includes workers
involved in employment related to the supply of customer
relationship management and business process outsourcing services.
The subject worker group does not include on-site leased workers.
Based on information provided during the administrative
reconsideration investigation, the Department determines that the
worker group eligibility criteria set forth in TAAEA has been met.
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 the customer relationship management and
business process outsourcing services supplied by the workers,
which contributed importantly to worker group separations at Stream
Global Services, Inc., AdCenter, Beaverton, Oregon.
Conclusion
After careful review of the additional facts obtained on
reconsideration, I determine that workers of Stream Global
Services, Inc., AdCenter, Beaverton, Oregon, who are/were engaged
in employment related to the supply of call center 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 Stream Global Services, Inc., AdCenter,
Beaverton, Oregon, who became totally or partially separated
from employment on or after August 17, 2010, through two years
from the date of certification, and all workers in the group
threatened with total or partial separation from employment on
the 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 31st day of August, 2012


/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-80,374

STREAM GLOBAL SERVICES, INC.
BEAVERTON, OREGON

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 17, 2011 on behalf of workers of Stream Global
Services, Inc., Beaverton, Oregon (Stream Beaverton). The workers’
firm is engaged in activities related to the supply of call center
support services.
The petitioners allege that the company will outsource its
work abroad.
During the course of the investigation, information was
collected from the workers’ firm.
The investigation revealed that Stream Beaverton, 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.
During the investigation, the Department of Labor obtained
information that revealed that the workers’ firm did not produce an
article; rather, the workers’ firm supplied services related to
call center support services.
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 Stream Global
Services, Inc., Beaverton, Oregon engaged in activities related to
the supply of call center 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 23rd day of September, 2011

/s/ Elliott S. Kushner

______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Office of
Trade Adjustment Assistance











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