DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-82,083

NETCRACKER
INCLUDING ON-SITE LEASED WORKERS FROM
TEKSYSTEMS AND BOOKSOURCE
INCLUDING WORKERS WHOSE UNEMPLOYMENT INSURANCE (UI) WAGES WERE
REPORTED THROUGH CONVERGYS INFORMATION MANAGEMENT (IM)
CINCINNATI, OHIO

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 October 16, 2012 by a state workforce office on behalf
of workers of NetCracker, Cincinnati, Ohio (NetCracker). The
workers' firm is engaged in activities related to the supply of
customer and business management services. Specifically, the
workers are providing management, development of code for client
specific platforms for telecommunication clients, operations for
platforms for telecommunication clients, product development of
NetCracker core telecommunication products, and marketing, legal
and finance support for telecommunications companies. The
subject worker group includes on-site leased workers from
Teksystems and Booksource. The subject worker group also
includes workers whose unemployment insurance (UI) wages were
reported through Convergys Information Management (IM).
During the course of the investigation, information was
collected from the workers' firm.
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 NetCracker 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 NetCracker with the firm that employed a certified
worker group contributed importantly to worker separations at
NetCracker.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of NetCracker, including
on-site leased workers from Teksystems and Booksource, including
workers whose unemployment insurance (UI) wages were reported
through Convergys Information Management (IM), Cincinnati, Ohio
who are engaged in activities related to the supply of customer
and business management services, specifically management,
development of code for client specific platforms for
telecommunication clients, operations for platforms for
telecommunication clients, product development of NetCracker
core telecommunication products, and marketing, legal and
finance support for telecommunications companies, 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 NetCracker, including on-site leased
workers from Teksystems and Booksource, including workers
whose unemployment insurance (UI) wages were reported
through Convergys Information Management (IM), Cincinnati,
Ohio, who became totally or partially separated from
employment on or after October 15, 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 25th day of March, 2013.


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