Petitioner Type: State
Impact Date:
Filed Date: 12/31/2013
Most Recent Update: 03/19/2014
Determination Date: 03/19/2014
Expiration Date:
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-83,351
SYKES ENTERPRISES, INCORPORATED
WILTON, MAINE
Notice of Negative Determination
on Reconsideration
On May 30, 2014, the Department of Labor issued an Affirmative Determination Regarding Application for Reconsideration for the workers and former workers of Sykes Enterprises, Incorporated, Wilton, Maine (subject firm). The Department’s Notice was published in the Federal Register on June 13, 2014 (79 FR 33954). The separated workers were either part of the quality assurance group or performed administrative and support functions at the subject firm.
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 Department received two separate requests for reconsideration from different workers. The requests for reconsideration made similar allegations: Sykes Enterprises shifted the supply of like or directly competitive services to the Philippines; Sykes Enterprises increased staff to existing operations in the Philippines, Florida, and Pennsylvania while decreasing staff in Maine; and Sykes Enterprises receives from a foreign country the supply of like or directly competitive services while decreasing services supplied within the United States.
During the reconsideration investigation, the Department reviewed previously-submitted information and directed Sykes Enterprises to provide information in response to the workers’ allegations.
Information obtained by the Department during the reconsideration investigation confirmed that Sykes Enterprises has not shifted the supply of any like or directly competitive services to a foreign facility and has not imported such services. Rather, Sykes Enterprises has shifted the supply of services provided by workers at the Wilton, Maine facility to other facilities within the United States. Although Sykes Enterprises does have facilities located outside the United States, the subject firm did not directly or relatively shift to those locations the supply of services like or directly competitive services with the services provided by the subject workers at the Wilton, Maine facility.
After careful review of previously-submitted information and additional information obtained during the reconsideration investigation, the Department determines that 29 CFR 90.18(c) has not been met.
Conclusion
After careful reconsideration, I determine that the requirements of Section 222 of the Act, 19 U.S.C. § 2272, have not been met and affirm the original notice of negative determination of eligibility to apply for worker adjustment assistance for workers and former workers of Sykes Enterprises, Incorporated, Wilton, Maine.
Signed in Washington, D.C. on this 3rd day of October, 2014
/s/ Del Min Amy Chen
_______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
4510-FN-P
U.S. DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-83,351
SYKES ENTERPRISES, INCORPORATED
WILTON, MAINE
Notice of Affirmative Determination
Regarding Application for Reconsideration
By application dated May 6, 2014, workers requested administrative reconsideration of the negative determination regarding workers’ eligibility to apply for worker adjustment assistance applicable to workers and former workers of Sykes Enterprises, Incorporated, Wilton, Maine (subject firm). The determination was issued on March 19, 2014 and the Department’s Notice of determination was published in the Federal Register on April 8, 2014 (79 FR 19382).
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
misinterpretation of facts or of the law justified
reconsideration of the decision.
The initial investigation resulted in a negative determination based on the findings that there was no increase in imports by the workers’ firm or its customers, nor was there a shift in the supply of services to a foreign country (or foreign acquisition of such services) by the workers’ firm.
The request for reconsideration asserts that the subject firm continues to supply from a foreign location like or directly competitive services while decreasing services supplied within the United States. The request for reconsideration included new information in support of the allegations.
The Department has carefully reviewed the request for reconsideration and the existing record, and has determined that the Department will conduct further investigation to determine if the workers meet the eligibility requirements of the Trade Act of 1974.
Conclusion
After careful review of the application, I conclude that the claim is of sufficient weight to justify reconsideration of the U.S. Department of Labor's prior decision. The application is, therefore, granted.
Signed at Washington, D.C., this 30th day of May, 2014
/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-83,351
SYKES ENTERPRISES, INCORPORATED
WILTON, MAINE
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 by a State Workforce Official on December 31, 2013 on
behalf of workers of Sykes Enterprises, Incorporated, Wilton,
Maine. The worker group is engaged in activities related to the
supply of call center services.
The petitioner alleges that worker separations were due
to a shift of services to a foreign country. During the course
of the investigation, information was collected from the
workers' firm, customers of the firm and the petitioner.
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 the
workers' firm have not increased from 2011 to 2012 or from
January - November 2012 to the same period in 2013 by the
workers' firm or customers of the workers' firm.
With respect to Section 222(a)(2)(B)(ii) of the Act, the
investigation revealed that neither a shift of services to a
foreign country nor an acquisition of services from a foreign
country contributed importantly to the worker separations.
Rather, the investigation confirmed that workers separations
were related to a transfer of work to another facility within
the United States.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that Sykes Enterprises, Incorporated,
Wilton, Maine, 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 of Sykes Enterprises,
Incorporated, Wilton, Maine, engaged in activities related to
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 19th day of March, 2014.
/s/ Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-83,351
SYKES ENTERPRISES, INCORPORATED
WILTON, MAINE
Notice of Negative Determination
on Reconsideration
On May 30, 2014, the Department of Labor issued an Affirmative Determination Regarding Application for Reconsideration for the workers and former workers of Sykes Enterprises, Incorporated, Wilton, Maine (subject firm). The Department’s Notice was published in the Federal Register on June 13, 2014 (79 FR 33954). The separated workers were either part of the quality assurance group or performed administrative and support functions at the subject firm.
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 Department received two separate requests for reconsideration from different workers. The requests for reconsideration made similar allegations: Sykes Enterprises shifted the supply of like or directly competitive services to the Philippines; Sykes Enterprises increased staff to existing operations in the Philippines, Florida, and Pennsylvania while decreasing staff in Maine; and Sykes Enterprises receives from a foreign country the supply of like or directly competitive services while decreasing services supplied within the United States.
During the reconsideration investigation, the Department reviewed previously-submitted information and directed Sykes Enterprises to provide information in response to the workers’ allegations.
Information obtained by the Department during the reconsideration investigation confirmed that Sykes Enterprises has not shifted the supply of any like or directly competitive services to a foreign facility and has not imported such services. Rather, Sykes Enterprises has shifted the supply of services provided by workers at the Wilton, Maine facility to other facilities within the United States. Although Sykes Enterprises does have facilities located outside the United States, the subject firm did not directly or relatively shift to those locations the supply of services like or directly competitive services with the services provided by the subject workers at the Wilton, Maine facility.
After careful review of previously-submitted information and additional information obtained during the reconsideration investigation, the Department determines that 29 CFR 90.18(c) has not been met.
Conclusion
After careful reconsideration, I determine that the requirements of Section 222 of the Act, 19 U.S.C. § 2272, have not been met and affirm the original notice of negative determination of eligibility to apply for worker adjustment assistance for workers and former workers of Sykes Enterprises, Incorporated, Wilton, Maine.
Signed in Washington, D.C. on this 3rd day of October, 2014
/s/ Del Min Amy Chen
_______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
4510-FN-P
U.S. DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-83,351
SYKES ENTERPRISES, INCORPORATED
WILTON, MAINE
Notice of Affirmative Determination
Regarding Application for Reconsideration
By application dated May 6, 2014, workers requested administrative reconsideration of the negative determination regarding workers’ eligibility to apply for worker adjustment assistance applicable to workers and former workers of Sykes Enterprises, Incorporated, Wilton, Maine (subject firm). The determination was issued on March 19, 2014 and the Department’s Notice of determination was published in the Federal Register on April 8, 2014 (79 FR 19382).
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
misinterpretation of facts or of the law justified
reconsideration of the decision.
The initial investigation resulted in a negative determination based on the findings that there was no increase in imports by the workers’ firm or its customers, nor was there a shift in the supply of services to a foreign country (or foreign acquisition of such services) by the workers’ firm.
The request for reconsideration asserts that the subject firm continues to supply from a foreign location like or directly competitive services while decreasing services supplied within the United States. The request for reconsideration included new information in support of the allegations.
The Department has carefully reviewed the request for reconsideration and the existing record, and has determined that the Department will conduct further investigation to determine if the workers meet the eligibility requirements of the Trade Act of 1974.
Conclusion
After careful review of the application, I conclude that the claim is of sufficient weight to justify reconsideration of the U.S. Department of Labor's prior decision. The application is, therefore, granted.
Signed at Washington, D.C., this 30th day of May, 2014
/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-83,351
SYKES ENTERPRISES, INCORPORATED
WILTON, MAINE
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 by a State Workforce Official on December 31, 2013 on
behalf of workers of Sykes Enterprises, Incorporated, Wilton,
Maine. The worker group is engaged in activities related to the
supply of call center services.
The petitioner alleges that worker separations were due
to a shift of services to a foreign country. During the course
of the investigation, information was collected from the
workers' firm, customers of the firm and the petitioner.
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 the
workers' firm have not increased from 2011 to 2012 or from
January - November 2012 to the same period in 2013 by the
workers' firm or customers of the workers' firm.
With respect to Section 222(a)(2)(B)(ii) of the Act, the
investigation revealed that neither a shift of services to a
foreign country nor an acquisition of services from a foreign
country contributed importantly to the worker separations.
Rather, the investigation confirmed that workers separations
were related to a transfer of work to another facility within
the United States.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that Sykes Enterprises, Incorporated,
Wilton, Maine, 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 of Sykes Enterprises,
Incorporated, Wilton, Maine, engaged in activities related to
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 19th day of March, 2014.
/s/ Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance