DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,594

SUPERVALU, INC.
TIER 1 HELPDESK – CALL CENTER
INCLUDING ON-SITE LEASED WORKERS FROM CORPORATE TECHNOLOGIES
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 (Trade
Act), to the facts of this petition (statutory reconsideration).
The initial investigation, initiated on October 14, 2014,
resulted in a negative determination, issued on November 6, 2014,
that was based on the finding that the subject firm (SuperValu,
Inc.) 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 SuperValu, Inc., Tier 1
Helpdesk – Call Center, including on-site leased workers from
Corporate Technologies, Boise, Idaho (SuperValu, Inc., Tier 1
Helpdesk – Call Center). The workers’ firm is engaged in activities
related to the supply of grocery retail and grocery distribution.
The subject worker group (SuperValu, Inc., Tier 1 Helpdesk – Call
Center) is engaged in activities related to the supply of call
center support services on behalf of the subject firm’s internal
operations. A complaint was filed with the United States Court of
International Trade on January 9, 2015 (No. 15-00012); however, a
joint dismissal of the case was filed on July 23, 2015.
Based on information reviewed during the reconsideration
investigation, the Department of Labor determines that, with
regards to SuperValu, Inc., Tier 1 Helpdesk – Call Center, the
worker group eligibility under the Trade Act has been met.
Section 222(a)(1) has been met because a significant number
or proportion of the workers in SuperValu, Inc., Tier 1 Helpdesk –
Call Center 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 subject firm
(SuperValu, Inc.) has acquired from a foreign country services
like or directly competitive with those supplied by the subject
worker group which contributed importantly to worker group
separations at SuperValu, Inc., Tier 1 Helpdesk – Call Center.
Conclusion
After careful review, I determine that workers of SuperValu,
Inc., Tier 1 Helpdesk – Call Center, Boise, Idaho, who are engaged
in activities related to the supply of call center support
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 SuperValu, Inc., Tier 1 Helpdesk – Call
Center, including on-site leased workers from Corporate
Technologies, Boise, Idaho, who became totally or partially
separated from employment on or after October 13, 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 31st day of December, 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-85,594

SUPERVALU, INC.
TIER 1 HELPDESK - CALL CENTER
INCLUDING ON-SITE LEASED WORKERS FROM CORPORATE TECHNOLOGIES
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 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 October 14, 2014 by a company official on behalf of
workers of SuperValu, Inc., Tier 1 Helpdesk - Call Center, Boise,
Idaho. The workers' firm is engaged in activities related to the
supply of grocery retail and grocery distribution. The subject
workers are specifically engaged in activities related to the
supply of call center support services on behalf of the firm's
own internal operations. The subject worker group is inclusive of
on-site leased workers from Corporate Technologies.
The petitioner alleged that the worker separations were the
result of the call center operations being shifted to a third
party vendor in Manila, the Philippines.
During the course of the investigation, information was
collected from the workers' firm.
The investigation revealed that SuperValu, Inc., Tier 1
Helpdesk - Call Center, Boise, Idaho 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 subject workers supplied call center support
services on behalf of the firm's own internal operations.
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 SuperValu, Inc.,
Tier 1 Helpdesk - Call Center, Boise, Idaho engaged in activities
related to the supply of call center 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 6th day of November, 2014.

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