Certified
« back to search results

TAW-86093  /  EarthLink Shared Services (Rochester, NY)

Petitioner Type: State
Impact Date: 06/15/2014
Filed Date: 06/16/2015
Most Recent Update: 07/21/2016
Determination Date: 07/21/2016
Expiration Date: 07/21/2018

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-86,093

EARTHLINK SHARED SERVICES
CARE AND REPAIR DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM PRO SERVICES
ROCHESTER, NEW YORK

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
herein presents the results of an investigation regarding
certification of eligibility to apply for worker adjustment
assistance.
The group eligibility requirements for workers of a firm
under Section 222(a) of the Act, 19 U.S.C. § 2272(a), are
satisfied if the following criteria are met:
(1) 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;
(2)(B)(i)(I) there has been a shift by the workers'
firm to a foreign country in the production of
articles or supply of services like or directly
competitive with those produced/supplied by the
workers' firm; OR
(II) there has been an acquisition from a
foreign country by the workers' firm of
articles/services that are like or directly
competitive with those produced/supplied by
the workers' firm; AND
(ii) the shift/acquisition must have contributed
importantly to the workers' separation or
threat of separation.

The investigation was initiated in response to a petition
filed on June 16, 2015 on behalf of workers of EarthLink Shared
Services, Care and Repair Division, Rochester, New York
(EarthLink - Care and Repair). EarthLink Shared Services is a
telecommunications carrier that provides Internet, web hosting,
and network data services. Workers of EarthLink - Care and
Repair are engaged in activities related to the supply of
customer care and repair services. The worker group includes
on-site leased workers from Pro Services and remote workers who
report to the Rochester, New York facility.
During the course of the investigation, information was
collected from the workers' firm.
Section 222(a)(1) has been met because a significant
number or proportion of the workers in EarthLink - Care and
Repair 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 a portion of the customer care and
repair services supplied by the subject workers, which
contributed importantly to worker group separations at
EarthLink - Care and Repair.

Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of EarthLink Shared
Services, Care and Repair Division, Rochester, New York, who
are engaged in activities related to the supply of customer care
and repair 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 EarthLink Shared Services, Care and Repair
Division, including on-site leased workers from Pro
Services, Rochester, New York, who became totally or
partially separated from employment on or after June 15,
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 21st day of July 2016.
/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance