DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-90,324

EMBARQ MANAGEMENT COMPANY/UNITED TELEPHONE OF PENNSYLVANIA
A SUBSIDIARY OF EMBARQ CORPORATION
A SUBSIDIARY OF CENTURYLINK, INC.
CARLISLE, PENNSYLVANIA

Notice of Revised Determination
on Reconsideration

On January 18, 2017, the Department of Labor issued an
Affirmative Determination Regarding Application for Reconsideration
for the workers and former workers of Embarq Management
Company/United Telephone of Pennsylvania, a subsidiary of Embarq
Corporation, a subsidiary of CenturyLink, Inc., Carlisle,
Pennsylvania. The notice has not posted in the Federal Register as
of yet. The firm is engaged in activities related to the supply of
telecommunication services.
To support the request for reconsideration, the petitioner
supplied additional information regarding impacted separations due
to trade to supplement that which was gathered during the initial
investigation.
Based on the new information provided during the
reconsideration investigation, the Department of Labor determines
that an acquisition of activities related to the supply of
telecommunication services has contributed importantly to the
worker separations at the subject firm.
Conclusion
After careful review of the additional facts obtained on
reconsideration, I determine that workers of Embarq Management
Company/United Telephone of Pennsylvania, a subsidiary of Embarq
Corporation, a subsidiary of CenturyLink, Inc., Carlisle,
Pennsylvania, who were engaged in employment related to the supply
of telecommunication 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 Embarq Management Company/United Telephone of
Pennsylvania, a subsidiary of Embarq Corporation, a
subsidiary of CenturyLink, Inc., Carlisle, Pennsylvania who
became totally or partially separated from employment on or
after January 1, 2014, through two years from the date of this
certification, 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 11th day of May, 2017


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




U.S. DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-90,324

EMBARQ MANAGEMENT COMPANY/UNITED TELEPHONE OF PENNSYLVANIA
A SUBSIDIARY OF EMBARQ CORPORATION
A SUBSIDIARY OF CENTURYLINK, INC.
CARLISLE, PENNSYLVANIA

Notice of Affirmative Determination
Regarding Application for Reconsideration

By application dated October 19, 2016, the state workforce
office requested administrative reconsideration of the negative
determination regarding workers’ eligibility to apply for worker
adjustment assistance applicable to workers and former workers of
Embarq Management Company/United Telephone of Pennsylvania, a
subsidiary of Embarq Corporation, a subsidiary of CenturyLink,
Inc., Carlisle, Pennsylvania. The determination was issued on
August 31, 2016 and the Notice of Determination was published in
the Federal Register on December 2, 2016 (81 FR 87073).
Pursuant to 29 CFR 90.18(c) reconsideration may be granted
under the following circumstances:
(1) If it appears on the basis of facts not previously
considered that the determination complained of
was erroneous;
(2) If it appears that the determination complained of
was based on a mistake in the determination of facts
not previously considered; or
(3) If in the opinion of the Certifying Officer, a
misinterpretation of facts or of the law justified
reconsideration of the decision.
The initial investigation resulted in a negative determination
based on the findings that there was no increase in imports by the
workers’ firm, nor was there a foreign shift or acquisition by the
workers’ firm. In addition, the workers’ firm reported no imports
of services like or directly competitive with services for which
the service supplied by the workers’ firm were directly
incorporated.
Furthermore, the initial investigation resulted in a negative
determination based on the findings that the acquisition of
telecommunication services, or a like or directly competitive
service, by Embarq Management Company from a foreign country did
not contribute importantly to the separation of a significant
number or proportion of the workers in the workers’ firm. A
significant number or proportion of workers means fifty workers or
five percent of the works at the subject firm, whichever is less.
The request for reconsideration asserts that the subject firm
continues to import from a foreign location like or directly
competitive services while decreasing services supplied within the
United States. The request for reconsideration included new facts.
The Department of Labor has carefully reviewed the request for
reconsideration and the existing record, and has determined that
the Department will conduct further investigation to determine if
the workers meet the eligibility requirements of the Trade Act of
1974.
Conclusion
After careful review of the application, I conclude that the
claim is of sufficient weight to justify reconsideration of the
U.S. Department of Labor's prior decision. The application is,
therefore, granted.

Signed at Washington, D.C., this 18th day of January, 2017.

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




DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-90,324

EMBARQ MANAGEMENT COMPANY/UNITED TELEPHONE OF PENNSYLVANIA
A SUBSIDIARY OF EMBARQ CORPORATION
A SUBSIDIARY OF CENTURYLINK, INC.
CARLISLE, PENNSYLVANIA

Negative Determination 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.
Workers of a firm may be eligible for worker adjustment
assistance if they satisfy the criteria of subsection (a), (b) or
(e) of Section 222 of the Act, 19 U.S.C. § 2272(a), (b) and (e).
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 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 the workers' firm must
have become totally or partially separated or be threatened
with total or partial separation.

(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) (I) imports of articles or services like or directly
competitive with articles or services produced or
supplied by the workers' firm have increased, OR
(II)(aa) imports of articles like or directly
competitive with articles into which the component
part produced by the workers' firm was directly
incorporated have increased; OR
(II)(bb) imports of articles like or directly
competitive with articles which are produced
directly using the services supplied by the
workers' firm have increased; OR
(III) imports of articles directly incorporating
component parts not produced in the U.S. that are
like or directly competitive with the article into
which the component part produced by the workers'
firm was directly incorporated have increased; AND
(iii) the increase in imports 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.

(B) Shift in Production or Supply Path:
(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 described in clause (i)(I) or the acquisition
of articles or services described in clause (i)(II)
contributed importantly to such workers' separation or
threat of separation.

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 or service 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."
Workers of a firm may also be considered eligible if they
are publicly identified by name by the International Trade
Commission as a member of a domestic industry in an investigation
resulting in a category of determination that is listed in
Section 222(e) of the Act, 19 U.S.C. § 2272(e).
The group eligibility requirements for workers of a firm
under Section 222(e) of the Act, 19 U.S.C. § 2272(e), can be
satisfied if the following criteria are met:
(1) the workers' firm is publicly identified by name by the
International Trade Commission as a member of a domestic
industry in an investigation resulting in--
(A) an affirmative determination of serious injury or
threat thereof under section 202(b)(1);
(B) an affirmative determination of market disruption
or threat thereof under section 421(b)(1); or
(C) an affirmative final determination of material
injury or threat thereof under section 705(b)(1)(A)
or 735(b)(1)(A) of the Tariff Act of 1930 (19
U.S.C. 1671d(b)(1)(A) and 1673d(b)(1)(A));
(2) the petition is filed during the 1-year period beginning
on the date on which--
(A) a summary of the report submitted to the President
by the International Trade Commission under section
202(f)(1) with respect to the affirmative
determination described in paragraph (1)(A) is
published in the Federal Register under section
202(f)(3); or
(B) notice of an affirmative determination described in
subparagraph (1) is published in the Federal
Register; and
(3) the workers have become totally or partially
separated from the workers' firm within--
(A) the 1-year period described in paragraph (2); or
(B) notwithstanding section 223(b), the 1-year
period preceding the 1-year period described in
paragraph (2).

The investigation was initiated in response to a petition
filed on September 28, 2015 on behalf of workers of Embarq
Management Company/United Telephone of Pennsylvania, a
subsidiary of Embarq Corporation, a subsidiary of CenturyLink,
Inc., Carlisle, Pennsylvania (Embarq Management Company). The
workers' firm is engaged in activities related to the supply of
telecommunication services. The subject worker group does not
include on-site leased workers.
The petition states "The affected workers are being affected
due to consolidation of call center activity and offshoring the
work to the Phillipines. As part of the companys efforts to
contain costs, they have off-shored Switch (and line telephone
service) and HIS (High Speed Internet) to Accenture resources in
the Philipines." The petition did not include any additional
information or supporting documents.
During the course of the investigation, information was
collected from the workers' firm.
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed that imports of services like or directly
competitive with those supplied by Embarq Management Company
have not increased during the relevant period.
With respect to Section 222(a)(2)(B)(ii) of the Act, the
investigation revealed that the acquisition of telecommunication
services, or a like or directly competitive service, by Embarq
Management Company from a foreign country did not contribute
importantly to the separation of a significant number or
proportion of the workers in the workers' firm. A significant
number or proportion of workers means fifty workers or five
percent of the works at the subject firm, whichever is less. 29
CFR 90.2
With respect to Section 222(b)(2) of the Act, the
investigation revealed that Embarq Management Company 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).
Finally, the group eligibility requirements under Section
222(e) of the Act, have not been satisfied 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 Embarq Management
Company/United Telephone of Pennsylvania, a subsidiary of Embarq
Corporation, a subsidiary of CenturyLink Inc., Carlisle,
Pennsylvania, to apply for adjustment assistance, in accordance
with Section 223 of the Act, 19 U.S.C. § 2273.

Signed in Washington, D.C. this 31st day of August 2016.

/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance