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TAW-85992  /  Verizon (Cary, NC)

Petitioner Type: State
Impact Date: 05/06/2014
Filed Date: 05/07/2015
Most Recent Update: 08/08/2016
Determination Date: 12/03/2015
Expiration Date: 12/03/2017

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,992

VERIZON
CUSTOMER SERVICE HELP DESK SUPPORT
INCLUDING WORKERS WHOSE WAGES ARE REPORTED THROUGH
VERIZON BUSINESS NETWORK SERVICES
AN AGENT FOR MCI COMMUNICATIONS SERVICES INC.
CARY, NORTH CAROLINA

Amended Certification Regarding Eligibility
To Apply for Worker 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
issued a Certification of Eligibility to Apply for Worker
Adjustment Assistance on December 3, 2015, applicable to workers
of Verizon, Customer Service Help Desk Support, Cary, North
Carolina. The Department’s notice of determination was published
in the Federal Register on January 11, 2016 (81 FR 1227).
At the request of the state workforce office, the
Department reviewed the certification for workers of the subject
firm. The workers are engaged in activities related to the
supply of help desk (call center).
New information shows that some workers separated from
employment at Verizon, Customer Service Help Desk Support, Cary,
North Carolina had their wages reported under the name “Verizon
Business Network Services, an ggent for MCI Communications
Services, Inc.”
The intent of the Department’s certification is to include
all workers of the subject firm who were adversely affected by a
shift in services of help desk (call center).
Accordingly, the Department is amending this certification
to properly reflect this matter.
The amended notice applicable to TA-W-85,992 is hereby issued as
follows:
"All workers of Verizon, Customer Service Help Desk
Support, including workers whose wages are reported through
Verizon Business Network Services, an agent for MCI
Communications Services, Inc., Cary, North Carolina, who
became totally or partially separated from who became
totally or partially separated from employment on or after
May 6, 2014 through December 3, 2017, and all workers in
the group threatened with total or partial separation from
employment on 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 8th day of August, 2016.

/s/Del Min A my Chen
__________________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance




DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,992

VERIZON
CUSTOMER SERVICE HELP DESK SUPPORT
CARY, NORTH CAROLINA

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 May 7, 2015,
resulted in a negative determination, issued on June 17,
2015, that was based on the firm not producing an article.
The determination was applicable to workers and former workers
of Verizon, Customer Service Help Desk Support, Cary, North
Carolina (herein referred to as “Verizon, Customer Service
Help Desk Support”).

The workers’ firm is engaged in activities related to
the supply of telecommunications services. Specifically, the
workers provide customer service support via a help desk
organization.

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
worker group’s separations.

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 shifted to a foreign country the supply of a service
like or directly competitive with the service supplied by the
workers which contributed importantly to worker group separations
at Verizon, Customer Service Help Desk Support.

Conclusion

After careful review, I determine that workers of Verizon,
Customer Service Help Desk Support, Cary, North Carolina, who are
engaged in activities related to supply of telecommunications
services, specifically customer support services via a help desk
organization, 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 Verizon, Customer Service Help Desk Support,
Cary, North Carolina who became totally or partially separated from
employment on or after May 6, 2014, 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 December, 2015

/s/Hope D. Kinglock
______________________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance




DEPARTMENT OF LABOR

Employment and Training Administration
TA-W-85,992

VERIZON
CUSTOMER SERVICE HELP DESK SUPPORT
CARY, NORTH CAROLINA

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 May 7, 2015 by a State Workforce Office on behalf of
workers of Verizon, Customer Service Help Desk Support, Cary,
North Carolina (Verizon). The workers' firm is engaged in
activities related to the supply of telecommunications services.
Specifically, the workers provide customer service support via a
help desk organization.
The petitioners alleged that, "Organization work shifted to
a foreign country."
During the course of the investigation, information was
collected from the workers' firm and the petitioner.
The investigation revealed that Verizon, 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
telecommunications 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 Verizon, Customer
Service Help Desk Support, Cary, North Carolina engaged in
activities related to the supply of telecommunications services,
specifically help desk support activities, 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 17th day of June, 2015.


/s/Hope D. Kinglock
______________________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance