DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-94,882

AT&T BUSINESS - GLOBAL OPERATIONS & SERVICES

DELIVERY EXCELLENCE/REGIONAL ORDERING CUSTOMER CARE TEAM

A SUBSIDIARY OF AT&T SERVICES, INC.

WHICH IS A WHOLLY-OWNED SUBSIDIARY OF AT&T INC.

BELLAIRE, TEXAS

Notice of Negative Determination
on Reconsideration

On April 3, 2020, the Department of Labor issued an
Affirmative Determination Regarding Application for Reconsideration
for the workers and former workers of AT&T Business - Global
Operations & Services, Delivery Excellence/Regional Ordering
Customer Care Team, a subsidiary of AT&T Services, Inc., which is
a wholly-owned subsidiary of AT&T Inc., Bellaire, Texas. The
notice was published in the Federal Register on June 3, 2020 (85 FR
34247).

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 mis-
interpretation of facts or of the law justified
reconsideration of the decision.

The initial investigation resulted in a negative determination
based on no shift in services, no company imports, including
other paths to certification.

In the request for reconsideration, the union official made
claims that should the workers of AT&T Business - Global Operations
& Services, Delivery Excellence/Regional Ordering Customer Care
Team, a subsidiary of AT&T Services, Inc., which is a wholly-
owned subsidiary of AT&T Inc., Bellaire, Texas should be eligible
to apply for Trade Adjustment Assistance because the workers were
impacted by a shift in the supply of services to the Philippines and
other foreign countries.

Information obtained during the reconsideration investigation
confirmed that the workers' firm did not shift the supply of
service order request processing for AT&T Retail Business customers
for AT&T Switched Ethernet-Retail, AT&T Internet/Phone/TV, and
Legacy BellSouth/SBC Telco products and services to the Philippines
or other foreign countries, the workers' firm did not increase
imports of the aforementioned services, acquire, or enter into an
agreement with another firm to have these services or like or
directly competitive services supplied by a foreign country.

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).

With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed that imports of service order request
processing for AT&T Retail Business customers for AT&T Switched
Ethernet-Retail, AT&T Internet/Phone/TV, and Legacy BellSouth/SBC
Telco products and services or services like or directly
competitive did not increase during the period relevant to the
investigation. The workers' firm did not import service order
request processing for AT&T Retail Business customers for AT&T
Switched Ethernet-Retail, AT&T Internet/Phone/TV, and Legacy
BellSouth/SBC Telco products and services or services like or
directly competitive.

With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the firm did not shift the supply of
service order request processing for AT&T Retail Business customers
for AT&T Switched Ethernet-Retail, AT&T Internet/Phone/TV, and
Legacy BellSouth/SBC Telco products and services or like or
directly competitive services to a foreign country or acquire
service order request processing for AT&T Retail Business customers
for AT&T Switched Ethernet-Retail, AT&T Internet/Phone/TV, and
Legacy BellSouth/SBC Telco products and services or like or
directly competitive services from a foreign country.

With respect to Section 222(b)(2) of the Act, the
investigation revealed that AT&T Business - Global Operations &
Services, Delivery Excellence/Regional Ordering Customer Care Team,
a subsidiary of AT&T Services, Inc., which is a wholly-owned
subsidiary of AT&T Inc., Bellaire, Texas 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). The services supplied by the workers the subject of the
investigation were not incorporated or supplied to a firm whose
workers were certified eligible to apply for Trade Adjustment
Assistance (TAA).

With respect to Section 222(b)(2) of the Act, the
investigation revealed that AT&T Business - Global Operations &
Services, Delivery Excellence/Regional Ordering Customer Care Team,


a subsidiary of AT&T Services, Inc., which is a wholly-owned
subsidiary of AT&T Inc., Bellaire, Texas 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.
Conclusion
After careful reconsideration, I determine that the
requirements of Section 222 of the Act, 19 U.S.C. § 2272, have not
been met and affirm the original notice of negative determination
of eligibility to apply for worker adjustment assistance for
workers and former workers of AT&T Business - Global Operations &
Services, Delivery Excellence/Regional Ordering Customer Care Team,
a subsidiary of AT&T Services, Inc., which is a wholly-owned
subsidiary of AT&T Inc., Bellaire, Texas, to apply for adjustment
assistance, in accordance with Section 223 of the Act, 19 U.S.C. §
2273.
Signed in Washington, D.C. on this 28th day of September, 2021.
- 7 -



/s/ Hope D. Kinglock
_______________________
HOPE D. KINGLOCK

Certifying Officer, Office of

Trade Adjustment Assistance




DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-94,882

AT&T BUSINESS - GLOBAL OPERATIONS & SERVICES
DELIVERY EXCELLENCE/REGIONAL ORDERING CUSTOMER CARE TEAM
A SUBSIDIARY OF AT&T SERVICES, INC.
WHICH IS A WHOLLY-OWNED SUBSIDIARY OF AT&T INC.
BELLAIRE, TEXAS

Notice of Affirmative Determination
Regarding Application for Reconsideration

By application dated March 25, 2020, a union representative
requested administrative reconsideration of the negative
determination regarding eligibility to apply for worker adjustment
assistance applicable to workers and former workers of AT&T
Business - Global Operations & Services, Delivery
Excellence/Regional Ordering Customer Care Team, a subsidiary of
AT&T Services, Inc., which is a wholly-owned subsidiary of AT&T
Inc., Bellaire, Texas (AT&T Business - Global Operations &
Services, Delivery Excellence/Regional Ordering Customer Care
Team, Bellaire, Texas).
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 request for reconsideration asserts that workers of AT&T
Business - Global Operations & Services, Delivery
Excellence/Regional Ordering Customer Care Team, Bellaire, Texas
should be eligible to apply for Trade Adjustment Assistance because
the workers were impacted by a shift in the supply of services to
the Philippines and other foreign countries.
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, as amended.
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 in Washington, D.C. this 3rd day of April, 2020

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

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-94,882

AT&T BUSINESS - GLOBAL OPERATIONS & SERVICES
DELIVERY EXCELLENCE/REGIONAL ORDERING CUSTOMER CARE TEAM
A SUBSIDIARY OF AT&T SERVICES, INC.
WHICH IS A WHOLLY-OWNED SUBSIDIARY OF AT&T INC.
BELLAIRE, TEXAS

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 June 7, 2019, by three workers on behalf of workers of
AT&T Business - Global Operations & Services, Delivery
Excellence/Regional Ordering Customer Care Team, a subsidiary
of AT&T Services, Inc., which is a wholly-owned subsidiary of
AT&T Inc., Bellaire, Texas ("Delivery Excellence/Regional
Ordering Customer Care Team"). The subject worker group is
engaged in activities related to the supply of service order
request processing for AT&T Retail Business customers for AT&T
Switched Ethernet-Retail, AT&T Internet/Phone/TV, and Legacy
BellSouth/SBC Telco products and services.
The petitioners allege that, "the offices on this petition
sale to customer [sic], retain customers, issue orders for
customers, new connects, disconnects, change orders, transfer
service, account look up, review & discuss billing questions,
customer support, assist with telephone lines, circuits, complex
service, for the Southwest, Midwest, East, Southeast Region- and
the work groups are being closed or reduced due to AT&T moving
work to overseas workers."
During the course of the investigation, information was
collected from the petitioners and workers' firm.
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed that imports did not increase. Imports
of services like or directly competitive to service order
request processing on behalf of AT&T Retail Business Customers
for AT&T Switched Ethernet-Retail, AT&T Internet/Phone/TV, and
Legacy BellSouth/SBC Telco products and services, were not
reported in 2017, 2018, or during the period of January
through May 2019.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the workers' firm did not shift the
supply of service order request processing on behalf of AT&T
Retail Business Customers for AT&T Switched Ethernet-Retail,
AT&T Internet/Phone/TV, and Legacy BellSouth/SBC Telco products
and services to a foreign country. There was also no shift in
the supply of a like or directly competitive service to a
foreign country. In addition, the firm did not acquire these
services or like or directly competitive services from a
foreign country.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that the Delivery Excellence/Regional
Ordering Customer Care Team 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 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 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 AT&T Business -
Global Operations & Services, Delivery Excellence/Regional
Ordering Customer Care Team, a subsidiary of AT&T Services,
Inc., which is a wholly-owned subsidiary of AT&T Inc., Bellaire,
Texas, engaged in activities related to the supply of service
order request processing for AT&T Retail Business customers for
AT&T Switched Ethernet-Retail, AT&T Internet/Phone/TV, and
Legacy BellSouth/SBC Telco products and 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 24th day of February 2020.

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