DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-82,180

COMCAST CABLE
WEST DIVISION CUSTOMER CARE
MORGAN HILL, CALIFORNIA


Notice of Negative Determination
on Reconsideration

On January 31, 2013, the Department of Labor issued an
Affirmative Determination Regarding Application for Reconsideration
for the workers and former workers of Comcast Cable, West Division
Customer Care, Morgan Hill, California (subject firm). The
Department’s Notice was published in the Federal Register on
February 15, 2013 (78 FR 11226). The subject worker group supplies
call center services, including sales and technical assistance.
Pursuant to 29 CFR 90.18(c), reconsideration may be granted
under the following circumstances:
(1) If it appears on the basis of facts not previously
considered that the determination complained of
was erroneous;
(2) If it appears that the determination complained of
was based on a mistake in the determination of facts
not previously considered; or
(3) If in the opinion of the Certifying Officer, a mis-
interpretation of facts or of the law justified
reconsideration of the decision.
The initial investigation resulted in a negative determination
based on no shift in services and no company imports of services
like or directly competitive services with those supplied by the
workers at the subject firm.
The request for reconsideration alleges that the subject firm
had shifted the supply of like or directly competitive services to
a location in Mexico and that the subject worker group had supplied
services like or directly competitive with the services supplied by
the workers employed at two other Comcast Cable locations who were
eligible to apply for Trade Adjustment Assistance (TA-W-82,140 and
TA-W-82,025).
Information obtained by the subject firm by the Department
during the reconsideration investigation confirmed that neither
a shift in the supply of services like or directly competitive
with those supplied by the subject worker group to a foreign
country by the subject firm nor increased imports of services
like or directly competitive with those supplied by the subject
worker group contributed importantly to subject worker group
separations. Further, the services supplied by workers covered
by TA-W-82,140 and TA-W-82,025 are related to repairs whereas
the services supplied by the subject worker group during the
relevant period are related to sales. In addition, the services
formerly supplied by the subject worker group are being supplied
by other domestic Comcast cable facilities.
Therefore, the Department determines that 29 CFR 90.18(c)
has not been met.
Conclusion
After careful review, I determine that the requirements of
Section 222 of the Act, 19 U.S.C. § 2272, have not been met and,
therefore, affirm the denial of the petition for group eligibility
of Comcast Cable, West Division Customer Care, Morgan Hill,
California, to apply for adjustment assistance, in accordance with
Section 223 of the Act, 19 U.S.C. § 2273.
Signed in Washington, D.C. on this 9th day of July, 2013
/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-82,180

COMCAST CABLE
WEST DIVISION CUSTOMER CARE
MORGAN HILL, CALIFORNIA

Negative Determination 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.
Workers of a firm may be eligible for worker adjustment
assistance if they satisfy the criteria of subsection (a), (b) or
(e) of Section 222 of the Act, 19 U.S.C. § 2272(a), (b) and (e).
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
criteria must be met:
(1) The first criterion (set forth in Section 222(a)(1) of the
Act, 19 U.S.C. § 2282(a)(1)) requires that a significant
number or proportion of the workers in the workers’ firm must
have become totally or partially separated or be threatened
with total or partial separation.

(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) (I) imports of articles or services like or directly
competitive with articles or services produced or
supplied by the workers’ firm have increased, OR
(II)(aa) imports of articles like or directly
competitive with articles into which the component
part produced by the workers’ firm was directly
incorporated have increased; OR
(II)(bb) imports of articles like or directly
competitive with articles which are produced
directly using the services supplied by the
workers’ firm have increased; OR
(III) imports of articles directly incorporating
component parts not produced in the U.S. that are
like or directly competitive with the article into
which the component part produced by the workers’
firm was directly incorporated have increased.
(iii) the increase in imports 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.

(B) Shift in Production or Supply Path:
(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 described in clause (i)(I) or the acquisition
of articles or services described in clause (i)(II)
contributed importantly to such workers’ separation or
threat of separation.

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 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
terms “Supplier” and “Downstream Producer.”
Workers of a firm may also be considered eligible if they
are publicly identified by name by the International Trade
Commission as a member of a domestic industry in an investigation
resulting in a category of determination that is listed in
Section 222(e) of the Act, 19 U.S.C. § 2272(e).
The group eligibility requirements for workers of a firm under
Section 222(e) of the Act, 19 U.S.C. § 2272(e), can be satisfied if
the following criteria are met:
(1) the workers’ firm is publicly identified by name by the
International Trade Commission as a member of a domestic
industry in an investigation resulting in--
(A) an affirmative determination of serious injury or
threat thereof under section 202(b)(1);
(B) an affirmative determination of market disruption
or threat thereof under section 421(b)(1); or
(C) an affirmative final determination of material
injury or threat thereof under section 705(b)(1)(A)
or 735(b)(1)(A) of the Tariff Act of 1930 (19
U.S.C. 1671d(b)(1)(A) and 1673d(b)(1)(A));

(2) the petition is filed during the 1-year period beginning
on the date on which--
(A) a summary of the report submitted to the President
by the International Trade Commission under section
202(f)(1) with respect to the affirmative
determination described in paragraph (1)(A) is
published in the Federal Register under section
202(f)(3); or
(B) notice of an affirmative determination described in
subparagraph (1) is published in the Federal
Register; and

(3) the workers have become totally or partially
separated from the workers’ firm within--
(A) the 1-year period described in paragraph (2); or
(B) notwithstanding section 223(b)(1), the 1-year
period preceding the 1-year period described in
paragraph (2).

The investigation was initiated in response to a petition
filed on November 27, 2012 by a state workforce office on behalf
of workers of Comcast Cable, West Division Customer Care, Morgan
Hill, California. The worker group is engaged in activities
related to the supply of call center functions providing sales
services for Comcast products, including video, telephone, and
high-speed internet.
The petitioner alleges that call center services have
shifted to a foreign country. During the course of the
investigation, information was collected from the firm.
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed that imports of services like or directly
competitive with the call center services supplied by Comcast
Cable have not increased.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the firm has not shifted the supply of
services like or directly competitive with call center services
to a foreign country or acquired like or directly competitive
services from a foreign country.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that Comcast Cable is not 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).
Finally, the group eligibility requirements under Section
222(e) of the Act, have not been satisfied because the workers’
firm has not been publicly identified by name by the International
Trade Commission as a member of a domestic industry in an
investigation resulting in an affirmative finding of serious
injury, market disruption, or material injury, or threat thereof.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that the requirements of Section 222 of
the Act, 19 U.S.C. § 2272, have not been met and, therefore, deny
the petition for group eligibility for workers of Comcast Cable,
West Division Customer Care, Morgan Hill, California, engaged in
activities related to the supply of call center services, to apply
for adjustment assistance, in accordance with Section 223 of the
Act, 19 U.S.C. § 2273.
Signed in Washington, D.C. this 27th day of December, 2012


/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance




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