Certified
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TAW-94399  /  Windstream Services, LLC (Fairport, NY)

Petitioner Type: State
Impact Date: 12/11/2017
Filed Date: 12/12/2018
Most Recent Update: 02/13/2019
Determination Date: 02/13/2019
Expiration Date: 02/13/2021

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-94,399

WINDSTREAM SERVICES, LLC
FAIRPORT IT SERVICES DIVISION
FAIRPORT, 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 December 12, 2018 by a state workforce office on behalf
of workers of Windstream Services, LLC, Fairport IT Services
division, Fairport, New York. The workers' firm is engaged in
activities related to the supply of internal IT support
services.
During the course of the investigation, information was
collected from the workers' firm and from the company that
shifted abroad the internal IT support services previously
provided by the subject firm.
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 Windstream Services, LLC.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Windstream Services,
LLC, Fairport IT Services Division, Fairport, New York, who are
engaged in activities related to the supply of internal IT
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, Fairport IT
Services Division, Fairport, New York, who became totally
or partially separated from employment on or after December
11, 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."
Signed in Washington, D.C. this 13th day of February 2019.

/s/Jacquelyn R. Mendelsohn
______________________________
JACQUELYN R. MENDELSOHN
Certifying Officer, Office of
Trade Adjustment Assistance