DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,111

WINDSTREAM CORPORATION
SERVICE ACTIVATION GROUP
DALTON, GEORGIA

Notice of Revised Determination
After Statutory Reconsideration

As required by the Trade Adjustment Assistance Reauthorization
Act of 2015 (TAARA 2015), which was enacted as Title IV of the
Trade Preferences Extension Act of 2015, Public Law No. 114-27,
section 405(a)(1)(A), the investigation into this petition was
reopened for a reconsideration investigation to apply the
requirements for worker group eligibility under chapter 2 of title
II of the Trade Act of 1974, as amended by the TAARA 2015, to the
facts of this petition (statutory reconsideration).

The initial investigation, initiated on March 4, 2014,
resulted in a negative determination, issued on March 27, 2014,
that was based on the finding that the workers’ firm does not
produce an article. The determination was applicable to workers
and former workers of Windstream Corporation, Service Activation
Group, Dalton, Georgia (Windstream Corporation). The workers’
firm is engaged in activities related to supply of voice and data
network communications and managed services to businesses in the
United States. Specifically, the subject workers supply programming
functions to activate customers’ telephone, Internet and digital
television services.

The subject worker group does not include on-site leased
workers.

Based on information reviewed during the reconsideration
investigation, the Department of Labor determines that programming
functions to activate customers’ telephone, Internet and digital
television services were shifted to a foreign country and that shift
contributed importantly to worker separations.

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 shifted to a foreign country the supply of services like or
directly competitive with the services supplied by the workers which
contributed importantly to worker group separations at Windstream
Corporation.

Conclusion

After careful review, I determine that workers of Windstream
Corporation, Service Activation Group, Dalton, Georgia, who are engaged
in activities related to the supply programming functions to activate
customers’ telephone, Internet and digital television 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 Windstream Corporation, Service Activation
Group, Dalton, Georgia, who became totally or partially separated from
employment on or after February 28, 2013, 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 6th day of August, 2015


/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance




DEPARTMENT OF LABOR

Employment and Training Administration
TA-W-85,111

WINDSTREAM CORPORATION
SERVICE ACTIVATION GROUP
DALTON, GEORGIA

Negative Determination Regarding Eligibility
To Apply For Worker Adjustment Assistance
And Alternative Trade 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) and (b)
of Section 222 of the Act, 19 U.S.C. § 2272(a) and (b). 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 three
criteria must be met:
(1) The first criterion (set forth in Section 222(a)(1) of the
Act, 19 U.S.C. § 2272(a)(1)) requires that a significant
number or proportion of the workers in such 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 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) imports of articles like or directly competitive with
articles produced by such firm or subdivision have
increased; and
(iii) the increase 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 or subdivision.

(B) Shift in Production Path:
(i) there has been a shift in production by such workers'
firm or subdivision to a foreign country of articles like
or directly competitive with articles which are produced
by such firm or subdivision; and
(ii)(I) the country to which the workers' firm has
shifted production of the articles is a party to a free
trade agreement with the United States;
(II)the country to which the workers' firm has
shifted production of the articles is a beneficiary
country under the Andean Trade Preference Act, African
Growth and Opportunity Act, or the Caribbean Basin
Economic Recovery Act; or
(III)there has been or is likely to be an increase in
imports of articles that are like or directly
competitive with articles which are or were produced by
such firm or subdivision.

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 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."
The investigation was initiated in response to a petition
filed on March 4, 2014 on behalf of workers of Windstream
Corporation, Service Activation Group, Dalton, Georgia. The
workers' firm is engaged in activities related to the supply of
voice and data network communications and managed services to
businesses in the United States. Specifically, the subject
workers supply programming functions to activate customers'
telephone, Internet and digital TV services.
The petitioners alleged that their job functions were being
outsourced to a firm in India.
During the course of the investigation, information was
collected from the workers' firm.
The investigation revealed that Windstream Corporation,
Service Activation Group, Dalton, Georgia does not produce an
article within the meaning of Section 222(a) or Section 222(b) of
the Act. In order to be considered eligible to apply for adjustment
assistance under Section 223 of the Trade Act of 1974, the worker
group seeking certification (or on whose behalf certification is
being sought) must work for a "firm" or appropriate subdivision
that produces an article. The definition of a firm includes an
individual proprietorship, partnership, joint venture, association,
corporation (including a development corporation), business trust,
cooperative, trustee in bankruptcy, and receiver under decree of
any court.
During the investigation, the Department of Labor obtained
information that revealed that the workers' firm did not produce an
article; rather, the Service Activation Group supplied programming
functions for the activation of customers' telephone, Internet and
digital TV services.
In order for the Department to issue a certification of
eligibility to apply for alternative trade adjustment assistance
(ATAA), the worker group must be certified eligible to apply for
trade adjustment assistance (TAA). Since the workers are denied
eligibility to apply for TAA, the workers cannot be certified
eligible for ATAA.


Conclusion
After careful review of the facts obtained in the
investigation, I determine that all workers of Windstream
Corporation, Service Activation Group, Dalton, Georgia engaged in
activities related to the supply of programming functions for the
activation of customers' telephone, Internet and digital TV
services are denied eligibility to apply for adjustment assistance
under Section 223 of the Trade Act of 1974, and are also denied
eligibility to apply for alternative trade adjustment assistance
under Section 246 of the Trade Act of 1974.
Signed in Washington, D.C., this 27th day of March, 2014.


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