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TAW-85559  /  Weatherford International LLC (Houston, TX)

Petitioner Type: State
Impact Date: 09/25/2013
Filed Date: 09/26/2014
Most Recent Update: 08/05/2015
Determination Date: 08/05/2015
Expiration Date: 08/05/2017

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,559

WEATHERFORD INTERNATIONAL LLC
US IRG (ISSUE RESOLUTION GROUP)
INCLUDING ON-SITE LEASED WORKERS FROM LA RECRUITMENT
HOUSTON, TEXAS


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 September 26, 2014, resulted
in a negative determination, issued on October 30, 2014, that was based
on the Department of Labor’s findings that the separations are not related
to imports/shift in production. The determination was applicable to workers
and former workers of Weatherford International LLC, US IRG (Issue Resolution
Group), Houston, Texas. The workers’ firm is engaged in activities related to
the supply of customer collection dispute resolution administration.

The subject worker group includes on-site leased workers from LA
Recruitment. Based on information reviewed during the reconsideration
investigation, the Department of Labor determines that the subject firm
acquired services from a foreign country.

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 Weatherford International LLC, US IRG (Issue Resolution
Group), Houston, Texas.

Conclusion

After careful review, I determine that workers of Weatherford
International LLC, US IRG (Issue Resolution Group), Houston, Texas, who
are engaged in activities related to the supply of customer collection
dispute resolution administration, 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 Weatherford International LLC, US IRG (Issue
Resolution Group), including on-site leased workers from LA Recruitment,
Houston, Texas, who became totally or partially separated from employment
on or after September 25, 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 5th 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-85,559

WEATHERFORD INTERNATIONAL LLC
US IRG (ISSUE RESOLUTION GROUP)
INCLUDING ON-SITE LEASED WORKERS FROM LA RECRUITMENT
HOUSTON, TEXAS

Negative Determinations 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 September 25, 2014 by a state workforce office on behalf
of workers of Weatherford International LLC, US IRG (Issue
Resolution Group), Houston, Texas. The worker group is engaged in
activities related to the supply of customer collection dispute
resolution administration for a firm that produces artificial lift
products. The worker group includes on-site leased workers from LA
Recruitment.
The petitioner alleges that the work of the US IRG (Issue
Resolution Group) is moving to a foreign country.
During the course of the investigation, information was
collected from the workers' firm.
With respect to Section 222(a)(2)(A) and Section 222(a)(2)(B)
of the Act, the investigation revealed that the worker separations
are not attributable to increased imports of articles or a shift in
production of articles to a foreign country. Rather, the
investigation confirmed that the worker separations are
attributable to a shift of services to a foreign country.
With respect to Section 222(b) of the Act, the investigation
revealed that Weatherford International LLC 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).
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 Weatherford
International LLC, US IRG (Issue Resolution Group), including on-
site leased workers from LA Recruitment, Houston, Texas engaged
in activities related to the supply of customer collection
dispute resolution administration are denied eligibility to apply
for adjustment assistance under Section 223 of the Trade Act of
1974, as amended, and are also denied eligibility to apply for
alternative trade adjustment assistance under Section 246 of the
Trade Act of 1974, amended.
Signed in Washington, D.C. this 30th day of October 2014

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