DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-94,217

WINDSTREAM SERVICES, LLC
IT SERVICES
INCLUDING ON-SITE LEASED WORKERS FROM TAPFIN AND AIC/COMFORCE
RICHMOND, VIRGINIA

TA-W-94,217A

WINDSTREAM SERVICES, LLC
ENTERPRISE CARE AND REPAIR CENTER
ENTERPRISE BUSINESS UNIT
INCLUDING ON-SITE LEASED WORKERS FROM TAPFIN AND AIC/COMFORCE
RICHMOND, VIRGINIA

TA-W-94,217B

WINDSTREAM SERVICES, LLC
CLEC OPERATIONS
ENTERPRISE BUSINESS UNIT
INCLUDING ON-SITE LEASED WORKERS FROM TAPFIN AND AIC/COMFORCE
RICHMOND, VIRGINIA

TA-W-94,217C

WINDSTREAM SERVICES, LLC
ENTERPRISE ACCESS
ENTERPRISE BUSINESS UNIT
INCLUDING ON-SITE LEASED WORKERS FROM TAPFIN AND AIC/COMFORCE
RICHMOND, VIRGINIA

Determinations 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 October 9, 2018 by a state workforce office on behalf
of workers of Windstream Services, LLC, IT Services, including
on-site leased workers from Tapfin and AIC/Comforce, Richmond,
Virginia (TA-W-94,217); Windstream Services, LLC, Enterprise
Care and Repair Center, Enterprise Business Unit, including
on-site leased workers from Tapfin and AIC/Comforce, Richmond,
Virginia (TA-W-94,217A); Windstream Services, LLC, CLEC
Operations, Enterprise Business Unit, including on-site leased
workers from Tapfin and AIC/Comforce, Richmond, Virginia (TA-
W-94,217B); and Windstream Services, LLC, Enterprise Access,
Enterprise Business Unit, including on-site leased workers
from Tapfin and AIC/Comforce, Richmond, Virginia (TA-W-
94,217C). The workers' firm is engaged in activities related to
the supply of voice and data network communications and managed
services to business in the United States
The workers the subject of the investigation pertaining to
TA-W-94,217 are engaged in activities related to the supply of
internal IT operations support services.
The workers the subject of the investigation pertaining to
TA-W-94,217A are engaged in activities related to the supply of
voice and data network communications and managed support
services; specifically, data, voice, transport, CSOC & POTS
(telephone services) services for all different customer types
from residential telephone service to large businesses. The
worker group work directly with the customer to meet their
requests, and they serve both corporate clients and individuals.
The workers the subject of the investigation pertaining to
TA-W-94,217B are engaged in activities related to the supply of
CLEC support services.
The workers the subject of the investigation pertaining to
TA-W-94,217C are engaged in activities related to the supply of
enterprise access support services.
During the course of the investigation, information was
collected from the petitioner, the workers' firm, and other
sources.
The petitioner alleged, "Worker layoffs suspected due to
outsourcing services provided at the W. Laburnum Ave. Richmond,
VA location to IBM/India. Outsourcing to other foreign countries
also possible per employee claimant."
TA-W-94,217
Section 222(a)(1) has been met because a significant
number or proportion of the workers 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
Windstream Services, LLC, IT Services, including on-site
leased workers from Tapfin and AIC/Comforce, Richmond,
Virginia.
TA-W-94,217A
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed that imports of voice and data network
communications and managed support services did not increase
during the relevant period. Imports were not reported by the
firm in 2016, 2017, or during the period of September 2018.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the firm did not shift the supply of
voice and data network communications and managed support
services or like or directly competitive services to a foreign
country or acquire voice and data network communications and
managed support services or like or directly competitive
services from a foreign country. The investigation revealed
that the voice and data network communications and managed
support services were relocated to domestic facilities within
the United States.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that Windstream Services, LLC,
Enterprise Care and Repair Center, Enterprise Business Unit,
including on-site leased workers from Tapfin and AIC/Comforce,
Richmond, Virginia is not a Supplier 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).
With respect to Section 222(b)(2) of the Act, the
investigation revealed that Windstream Services, LLC,
Enterprise Care and Repair Center, Enterprise Business Unit,
including on-site leased workers from Tapfin and AIC/Comforce,
Richmond, Virginia does not act as a 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 either 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.
TA-W-94,217B & TA-W-94,217C
With respect to Section 222(a) and Section 222(b) of the
Act, the investigation revealed that Criterion (1) has not been
met because a significant number or proportion of the workers in
such workers' firm, have not become totally or partially
separated, nor are they threatened to become totally or
partially separated. The investigation revealed that less than
3 workers (within each worker group) were separated starting
from the one-year period prior to the petition date through
October 2018. Additionally, the investigation revealed that
there were no threats of future separations.
Finally, the group eligibility requirements under Section
222(e) of the Act, have not been satisfied either 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 with regards to workers of
Windstream Services, LLC, IT Services, including on-site
leased workers from Tapfin and AIC/Comforce, Richmond,
Virginia (TA-W-94,217), who are engaged in activities related to
the supply of internal IT operations 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 Windstream Services, LLC, IT Services,
including on-site leased workers from Tapfin and
AIC/Comforce, Richmond, Virginia (TA-W-94,217), who became
totally or partially separated from employment on or after
October 5, 2017, 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."
Furthermore, 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 Windstream
Services, LLC, Enterprise Care and Repair Center, Enterprise
Business Unit, including on-site leased workers from Tapfin
and AIC/Comforce, Richmond, Virginia (TA-W-94,217A) engaged in
activities related to the supply of voice and data network
communications and managed support services; Windstream
Services, LLC, CLEC Operations, Enterprise Business Unit,
including on-site leased workers from Tapfin and AIC/Comforce,
Richmond, Virginia (TA-W-94,217B) engaged in activities
related to the supply of CLEC support services; and Windstream
Services, LLC, Enterprise Access, Enterprise Business Unit,
including on-site leased workers from Tapfin and AIC/Comforce,
Richmond, Virginia (TA-W-94,217C) engaged in activities
related to the supply of enterprise access support services to
apply for adjustment assistance, in accordance with Section 223
of the Act, 19 U.S.C. § 2273.
Signed in Washington, D.C. this 17th day of September 2019.

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