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TAW-81117  /  Sykes Enterprises, Incorporated (Sterling, CO)

Petitioner Type: State
Impact Date: 02/13/2010
Filed Date: 11/29/2011
Most Recent Update: 02/15/2012
Determination Date: 02/15/2012
Expiration Date: 02/15/2014


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-81,117

SYKES ENTERPRISES, INCORPORATED
INCLUDING WORKERS WORKING FROM THEIR HOMES IN
COLORADO
STERLING, COLORADO

Certification Regarding Eligibility
To Apply for Worker 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.
The group eligibility requirements for workers of a firm
under Section 222(b) of the Act, 19 U.S.C. § 2272(b), can be
satisfied if the following criteria are 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 or service 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
term “Supplier” as “a firm that produces and supplies directly
to another firm component parts for articles, or services used
in the production of articles or in the supply of services, as
the case may be, that were the basis for a certification of
eligibility under subsection (a) [of Section 222 of the Act] of
a group of workers employed by such other firm.”
The investigation was initiated in response to a petition
filed on November 29, 2011 by a state workforce office on
behalf of workers of Sykes Enterprises, Incorporated, Sterling,
Colorado (Sykes). The workers’ firm is engaged in activities
related to the supply of customer outsourcing support and
customer management solutions and services. The workers are not
separately identifiable. The subject worker group includes
workers working from their homes in Colorado.
During the course of the investigation, information was
collected from the workers’ firm and the petitioner.
Section 222(b)(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(b)(2) has been met because Sykes is a Supplier
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 is related to the service that
was the basis for such certification.
Section 222(b)(3)(B) has been met because the loss of
business by Sykes with the firm that employed a certified
worker group contributed importantly to worker separations at
Sykes.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Sykes Enterprises,
Incorporated, including workers working from their homes in
Colorado, Sterling, Colorado, who are engaged in activities
related to the supply of customer outsourcing support and
customer management solutions and services meet the worker
group certification criteria under Section 222(b) of the Act, 19
U.S.C. § 2272(b). In accordance with Section 223 of the Act, 19
U.S.C. § 2273, I make the following certification:



“All workers of Sykes Enterprises, Incorporated, Sterling,
CO Site Location Division, including workers working from
their homes in Colorado, Sterling, Colorado, who became
totally or partially separated from employment on or after
February 13, 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 15th day of February, 2012.

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