DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-81,971

DIRECT ENERGY
RESIDENTIAL DIVISION
BACK OFFICE CUSTOMER SUPPORT
INCLUDING ON-SITE LEASED WORKERS FROM
PRIMARY SERVICES AND INCEED
TULSA, OKLAHOMA

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(a) of the Act, 19 U.S.C. § 2272(a), are
satisfied if the following criteria are met:
(1) 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;
(2)(B)(i)(I) there has been a shift by the workers'
firm to a foreign country in the production of
articles or supply of services like or directly
competitive with those produced/supplied by the
workers' firm; OR
(II) there has been an acquisition from a
foreign country by the workers' firm of
articles/services that are like or directly
competitive with those produced/supplied by
the workers' firm; AND
(ii) the shift/acquisition must have
contributed importantly to the workers'
separation or threat of separation.

The investigation was initiated in response to a petition
filed on September 17, 2012 on behalf of workers of Direct
Energy, Residential Division, Back Office Customer Support,
Tulsa, Oklahoma (Direct Energy). The workers' firm is engaged
in activities related to the supply of back office customer
support. Specifically, the workers were processing bills for
Direct Energy. The subject worker group includes on-site
leased workers from Primary Services and Inceed
During the course of the investigation, information was
collected from the workers' firm and the petitioners.
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 acquired from a foreign country services like or
directly competitive with services supplied by the workers
which contributed importantly to worker group separations at
Direct Energy.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Direct Energy,
Residential Division, Back Office Customer Support, including
on-site leased workers from Primary Services and Inceed,
Tulsa, Oklahoma, who are engaged in activities related to the
supply of back office customer 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 Direct Energy, Residential Division, Back
Office Customer Support, including on-site leased workers
from Primary Services and Inceed, Tulsa, Oklahoma, who
became totally or partially separated from employment on
or after September 12, 2011 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 12th day of October, 2012.


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