DEPARTMENT OF LABOR

hEmployment and Training Administration

TA-W-85,477

AT&T MOBILITY SERVICES, LLC
A SUBSIDIARY OF AT&T MOBILITY II, LLC
ATWATER, CALIFORNIA

Notice of Negative 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 August 12, 2014, resulted
in a negative determination, issued on September 26, 2014, that was
based on the firm not producing an article. The determination was
applicable to workers and former workers of AT&T Mobility Services,
LLC, a subsidiary of AT&T Mobility II, LLC, Atwater, California
(“AT&T Mobility Services, LLC”). The workers’ firm is engaged in
activities related to the supply of customer support services.

The petitioners originally alleged that, “Customers indicating
calls that are/were with us are now being answered by foreigners.
We have determined that the same services we provide and service are
now being handled by workers in foreign countries.” Based on
information reviewed during the reconsideration investigation, the
Department of Labor determines that there was no shift in services
to a foreign country by AT&T Mobility Services, LLC and no increase
imports of like or directly competitive services to a foreign country.

With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed that AT&T Mobility Services, LLC, its customer,
or the industry has not increased imports of like or directly competitive
customer care services during the relevant period under investigation.
AT&T Mobility Services, LLC does not import like or directly competitive
customer care services. AT&T Mobility customers were not surveyed as the
workers services the customers after AT&T supplies telecommunications
services to its customers. Finally, the customer care service industry
in the United States is experienced an increase in employment comparing
2012 to 2013, and January through July 2013 compared to January
through July 2014.

With respect to Section 222(a)(2)(B) of the Act, the investigation
revealed that AT&T Mobility Services, LLC did not shift the supply of like
or directly competitive customer care services to a foreign country or
acquire customer care services from a foreign country. AT&T Mobility
Services, LLC confirmed that customer care calls were routed to other
call centers in the United States.

With respect to Section 222(b)(2) of the Act, the investigation
revealed that AT&T Mobility Services, LLC is not a Supplier or a
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 either because Criterion
(1) has not been met since 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 AT&T Mobility Services, LLC., a subsidiary of AT&T
Mobility II, LLC, Atwater, California, who were engaged in activities
related to the supply of customer care 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 25th day of September, 2015


/s/Jacquelyn R. Mendelsohn
______________________________
JACQUELYN R. MENDELSOHN
Certifying Officer, Office of
Trade Adjustment Assistance




DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-85,477

AT&T MOBILITY SERVICES LLC
A SUBSIDIARY OF AT&T MOBILITY II LLC
ATWATER, CALIFORNIA

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 August 12, 2014 on behalf of workers of AT&T Mobility
Services, LLC, a subsidiary of AT&T Mobility II, LLC, Atwater,
California. The workers' firm was engaged in activities related to
the supply of customer support services. The Atwater location was
an AT&T Mobility call center. Representatives at this center
handled customer service issues, including facilitating service
activations and account changes, addressing inquiries about AT&T's
products, services and bills, and processing bill payments.
The petitioners alleged that, "Customers indicating calls
that are/were with us are now being answered by foreigners. We
have determined that the same services we provide and service are
now being handled by workers in foreign countries."
During the course of the investigation, information was
collected from the workers' firm.
The investigation revealed that AT&T Mobility Services, LLC,
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 workers' firm supplied services related to
customer support services conducted out of a call center.
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 AT&T Mobility
Services, LLC, a subsidiary of AT&T Mobility II, LLC, Atwater,
California engaged in activities related to the supply of
customer support 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 26th day of September, 2014


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