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TAW-85247  /  MoneyGram Payment Systems, Inc. (Brooklyn Center, MN)

Petitioner Type: Workers
Impact Date: 04/18/2013
Filed Date: 04/21/2014
Most Recent Update: 09/03/2015
Determination Date: 09/03/2015
Expiration Date: 09/03/2017

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,247

MONEYGRAM PAYMENT SYSTEMS, INC.
A SUBSIDIARY OF MONEYGRAM INTERNATIONAL, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
ACCOUNTEMPS, APEX SYSTEMS, BAKER TILLY, DELOITTE & TOUCHE,
ERNST & YOUNG, GRANT THORNTON, INFOSYS, KEYOT, KFORCE, OFFICE
TEAM, OJL STAFFING SOLUTIONS, PROSTAFF, RESOURCE GLOBAL
PROFESSIONALS, ROBERT HALF, SANDERSON DALE, AND TECHNICA SOLUTIONS
BROOKLYN CENTER, MINNESOTA

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 April 21, 2014,
resulted in a negative determination, issued on May 23, 2014,
that was based on the findings that separations at the workers’
firm are not attributable to increased imports or a shift in
production to a foreign country. The determination was
applicable to workers and former workers of MoneyGram Payment
Systems, Inc., a subsidiary Of MoneyGram International, Inc.,
including on-site leased workers from Accountemps, Apex Systems,
Baker Tilly, Deloitte & Touché, Ernst & Young, Grant Thornton,
Infosys, Keyot, KFORCE, Office Team, OJL Staffing Solutions,
ProStaff, Resource Global Professionals, Robert Half, Sanderson
Dale, and Technica Solutions, Brooklyn Center, Minnesota
(hereafter referred to as “MoneyGram” or “the subject firm”).
The workers’ firm is engaged in activities related to the supply
of mortgage transfer and payment services. Specifically,
the subject worker group supplies money order and check
processing services.

Based on information reviewed during the reconsideration
investigation, the Department of Labor determines that a
shift in services to a foreign country contributed
importantly to the separations at the workers’ firm.

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 acquired from a foreign country services like or directly
competitive with services supplied by the workers which
contributed importantly to worker group separations at
MoneyGram.

Conclusion

After careful review, I determine that workers of
MoneyGram Payment Systems, Inc., a subsidiary Of MoneyGram
International, Inc., including on-site leased workers from
Accountemps, Apex Systems, Baker Tilly, Deloitte & Touché,
Ernst & Young, Grant Thornton, Infosys, Keyot, KFORCE,
Office Team, OJL Staffing Solutions, ProStaff, Resource
Global Professionals, Robert Half, Sanderson Dale, and
Technica Solutions, Brooklyn Center, Minnesota, who are
engaged in activities related to the supply of money order
and check processing 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 MoneyGram Payment Systems, Inc., a
subsidiary of MoneyGram International, Inc., including
on-site leased workers from Accountemps, Apex Systems,
Baker Tilly, Deloitte & Touché, Ernst & Young, Grant
Thornton, Infosys, Keyot, KFORCE, Office Team, OJL Staffing
Solutions, ProStaff, Resource Global Professionals, Robert
Half, Sanderson Dale, and Technica Solutions, Brooklyn Center,
Minnesota, who became totally or partially separated from
employment on or after April 18, 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 3rd day of September, 2015

/s/Jessica R. Webster
______________________________
JESSICA R. WEBSTER
Certifying Officer, Office of
Trade Adjustment Assistance





DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-85,247

MONEYGRAM PAYMENT SYSTEMS, INC.
A SUBSIDIARY OF MONEYGRAM, INTERNATIONAL, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
ACCOUNTEMPS, APEX SYSTEMS, BAKER TILLY, DELOITTE & TOUCHE, ERNST
& YOUNG, GRANT THORNTON, INFOSYS, KEYOT, KFORCE, OFFICE TEAM,
OJL STAFFING SOLUTIONS, PROSTAFF, RESOURCE GLOBAL PROFESSIONALS,
ROBERT HALF, SANDERSON DALE AND TECHNICA SOLUTIONS,
BROOKLYN CENTER, MINNESOTA


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 21, 2014 by three workers on behalf of workers of MoneyGram
Payment Systems, Inc., a subsidiary Of Moneygram, International,
Inc., including on-site leased workers from Accountemps, Apex
Systems, Baker Tilly, Deloitte & Touche, Ernst & Young, Grant
Thornton, Infosys, Keyot, KFORCE, Office Team, OJL Staffing
Solutions, ProStaff, Resource Global Professionals, Robert Half,
Sanderson Dale and Technica Solutions, Brooklyn Center, Minnesota.
MoneyGram is engaged in activities related to the supply of money
order and check processing services.
The investigation revealed that MoneyGram 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 obtained information
that revealed that the workers' firm did not produce an article;
rather, the workers' firm supplied services related to the supply of
money order and check processing 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 MoneyGram Payment Systems, Inc., a
subsidiary of Moneygram, International, Inc., including on-site
leased workers from Accountemps, Apex Systems, Baker Tilly,
Deloitte & Touché, Ernst & Young, Grant Thornton, Infosys, Keyot,
KFORCE, Office Team, OJL Staffing Solutions, ProStaff, Resource
Global Professionals, Robert Half, Sanderson Dale and Technica


Solutions, Brooklyn Center, Minnesota, 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 23rd day of May, 2014


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