DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-80,412

MONEYGRAM PAYMENT SYSTEMS, INC.
CUSTOMER CARE DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM INTELLISOURCE
LAKEWOOD, COLORADO

Notice of Revised Determination
on Reconsideration

The initial investigation, initiated September 6, 2011,
resulted in a negative determination, issued on September 30,
2011, that was based on the finding that the workers at the
subject firm did not produce an article. The determination was
applicable to workers and former workers of MoneyGram Payment
Systems, Inc., Customer Care Division, Lakewood, Colorado. The
notice of negative determination was published in the Federal
Register on October 20, 2011 (76 FR 65215). The workers’ firm is
engaged in activities related to the supply of customer care
services for money transfer, electronic bill payment, money
order, official check, and share draft for agents, partners and
consumers. The subject worker group includes on-site leased
workers from Intellisource.
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
preponderance of the employment decline at the subject firm is
related to a shift in services to a foreign country.
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 a service like or
directly competitive with the service supplied by the workers which
contributed importantly to worker group separations at MoneyGram
Payment Systems, Inc.
Conclusion
After careful review, I determine that workers of MoneyGram
Payment Systems, Inc., Customer Care Division, Lakewood,
Colorado, who were engaged in employment related to supply of
customer care services for money transfer, electronic bill
payment, money order, official check, and share drafts, 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 MoneyGram Payment Systems, Inc., Customer
Care Division, including on-site leased workers from
Intellisource, Lakewood, Colorado, who became totally or
partially separated from employment on or after September 2,
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 18th 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-80,412

MONEYGRAM PAYMENT SYSTEMS, INC.
CUSTOMER CARE DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM INTELLISOURCE
LAKEWOOD, COLORADO

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 September 6, 2011 by three workers on behalf of workers
of Moneygram Payment Systems, Inc., Customer Care Division,
Lakewood, Colorado (Moneygram). The workers’ firm is engaged in
activities related to the supply of customer care services for
money transfer, electronic bill payment, money order, official
check, and share draft for agents, partners and consumers.
The worker group also consists of on-site leased workers from
Intellisource.
The petitioners alleged that jobs are being outsourced to
foreign countries.
During the course of the investigation, information was
collected from the petitioners and the workers’ firm.
The investigation revealed that Moneygram, 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
providing customer care towards money transfers activities.
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 Moneygram Payment
Systems, Inc., Customer Care Division, Lakewood, Colorado
including on-site leased workers from Intellisource engaged in
activities related to the supply of customer care services for
money transfer, electronic bill payment, money order, official
check, and share draft for agents, partners and consumers 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 30th day of September, 2011


/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Office of
Trade Adjustment Assistance








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