Certified
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TAW-85180  /  Hewlett Packard (Garden City, ID)

Petitioner Type: Workers
Impact Date: 03/26/2013
Filed Date: 03/27/2014
Most Recent Update: 03/19/2016
Determination Date: 03/19/2016
Expiration Date: 03/19/2018

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,180

HEWLETT PACKARD
BUSINESS PROCESSING SERVICES-CRM
ENTERPRISE SERVICES
INCLUDING ON-SITE LEASED WORKERS FROM
VOLT SERVICES GROUP, MANPOWER, BUCHER AND CHRISTIAN CONSULTING
INC., ADEA SOLUTIONS, PINNACLE TECHNICAL RESOURCES INC.,
CORNERSTONE STAFFING SOLUTIONS INC., AND COLLABERA
BOISE, IDAHO


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 27, 2014,
resulted in a negative determination, issued on April 21, 2014,
that was based on the Department’s findings that Hewlett Packard,
Business Processing Services-CRM, Enterprise Services, Boise, Idaho
does not produce an article within the meaning of Section 222(a) or
Section 222(b) of the Act. The determination was applicable to
workers and former workers of Hewlett Packard, Business Processing
Services-CRM, Enterprise Services, including on-site leased workers
from Volt Services Group, Manpower, Bucher and Christian Consulting
Inc., Adea Solutions, Pinnacle Technical Resources Inc.,
Cornerstone Staffing Solutions Inc., and Collabera, Boise, Idaho
(Hewlett Packard–Business Processing Services-CRM). Workers of
Hewlett Packard–Business Processing Services-CRM are engaged in
activities related to the supply of inbound and outbound customer
interaction call center services and quality testing services.
Based on information reviewed during the reconsideration
investigation, the Department determines that the requirements for
certification have been met.
Section 222(a)(1) has been met because a significant number
or proportion of the workers in Hewlett Packard–Business Processing
Services-CRM 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 customer interaction call center and
quality testing services supplied by the subject group, which
contributed importantly to worker group separations at Hewlett
Packard–Business Processing Services-CRM.

Conclusion
After careful review, I determine that workers of Hewlett
Packard–Business Processing Services-CRM, who are engaged in
activities related to the supply of inbound and outbound customer
interaction call center services and quality testing 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 Hewlett Packard, Business Processing Services-
CRM, Enterprise Services, including on-site leased workers
from Volt Services Group, Manpower, Bucher and Christian
Consulting Inc., Adea Solutions, Pinnacle Technical Resources
Inc., Cornerstone Staffing Solutions Inc., and Collabera,
Boise, Idaho, who became totally or partially separated from
employment on or after March 26, 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 19th day of March, 2016

/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-85,180

HEWLETT PACKARD
BUSINESS PROCESSING SERVICES-CRM
ENTERPRISE SERVICES
INCLUDING ON-SITE LEASED WORKERS FROM
VOLT SERVICES GROUP, MANPOWER, BUCHER AND CHRISTIAN CONSULTING
INC, ADEA SOLUTIONS, PINNACLE TECHNICAL RESOURCES INC,
CORNERSTONE STAFFING SOLUTIONS INC, AND COLLABERA
BOISE, IDAHO


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
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 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 Trade
Adjustment Assistance (TAA) petition filed on March 27, 2014 on
behalf of workers of Hewlett Packard, Business Processing Services-
CRM, Enterprise Services, Boise, Idaho (subject firm). The subject
worker group is engaged in activities related to the supply of
inbound and outbound customer interaction call center services
and quality testing. The subject worker group includes on-site
leased workers from Volt Services Group, Manpower, Bucher and
Christian Consulting Inc, Adea Solutions, Pinnacle Technical
Resources Inc, Cornerstone Staffing Solutions Inc, and Collabera.
The petition alleges "Near shoring work to Costa Rica."
During the course of the investigation, information was
collected from the workers' firm.
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.
The investigation revealed that Hewlett Packard, Business
Processing Services-CRM, Enterprise Services, Boise, Idaho does not
produce an article within the meaning of Section 222(a) or Section
222(b) of the Act. The Department obtained information that
revealed that the subject firm did not produce an article; rather,
the subject firm supplied services related to inbound and outbound
customer interaction call center services and quality testing.
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
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 Hewlett Packard,
Business Processing Services-CRM, Enterprise Services, including
on-site leased workers from Volt Services Group, Manpower, Bucher
and Christian Consulting Inc, Adea Solutions, Pinnacle Technical
Resources Inc, Cornerstone Staffing Solutions Inc, and Collabera,
Boise, Idaho, 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 21st day of April 2014.

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