[Federal Register Volume 78, Number 104 (Thursday, May 30, 2013)]
[Notices]
[Pages 32461-32462]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-12739]
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DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-82,095]
Verizon Services Corporation, Customer Service Clerk, General
Clerk, Clarksburg, West Virginia; Notice of Negative Determination on
Reconsideration
On January 15, 2013, the Department of Labor issued an Affirmative
Determination Regarding Application for Reconsideration for the workers
and former workers of Verizon Services Corporation, Customer Service
Clerk, General Clerk, Clarksburg, West Virginia (subject firm). The
Department's Notice was published in the Federal Register on February
6, 2013 (78 FR 8589).
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.
Verizon Services Corporation is engaged in the supply of
telecommunication and wireless support services.
Workers of Verizon Services Corporation's Customer Service Clerk,
General Clerk business unit at Clarksburg, West Virginia (subject
worker group) are engaged in employment related to the supply of
[[Page 32462]]
customer service and support services for Verizon Services Corporation
customers/clients.
The initial investigation resulted in a negative determination
based on the Departments' findings of no shift in the supply of
customer service and support services, or like or directly competitive
services, to a foreign country; no increased imports of customer
service and support services (or like or directly competitive services)
during the relevant period; that the subject firm is neither a Supplier
or a Downstream Producer; and that the subject firm was not named by
the International Trade Commission as required by Section 222(e) of the
Trade Act, as amended.
In the request for reconsideration, the petitioning worker alleged
that work performed by the subject worker group was outsourced to not
only Mexico but also the Philippines and India; that the worker group
at Clarksburg, West Virginia are similarly situated as workers who are
eligible to apply for Trade Adjustment Assistance (TAA) under TA-W-
81,968; that the workers ``performed all aspects of customer service in
telecommunications'' such as order management; that ``inter-company
numbers were changed to Spanish''; and that ``When calling within the
company for internet issues, we spoke with Verizon workers in India.''
During the reconsideration investigation, the Department carefully
reviewed the petition and its attachments, previously-submitted
information from the subject firm, the certification of TA-W-81,968 and
new information obtained from the subject firm regarding the
allegations set forth in the request for reconsideration.
During the reconsideration investigation, the Department confirmed
that the subject firm did not shift to a foreign country the supply of
services like or directly competitive with the customer service or
support services supplied by the subject workers and that, during the
relevant period, the subject firm did not import services like or
directly competitive with the customer service or support services
supplied by the subject workers. The subject firm also affirmed that
the petitioning workers voluntarily left employment from the subject
firm, as permitted by the collective bargaining agreement applicable to
the worker group at the Clarksburg, West Virginia facility.
Further, the workers and former workers eligible to apply for TAA
under TA-W-81,968 (Verizon Business Networks Services, Inc., Senior
Analysts-Sales Implementation, Birmingham, Alabama) are not similarly-
situated as workers covered by TA-W-82,095 because the services
supplied by the two worker groups differ and the petitioning workers
belong to a different business unit. Further, Verizon Business Networks
Services, Inc. is not the same company as Verizon Services Corporation.
Therefore, after careful review of the petition and its
attachments, previously-submitted information, the request for
reconsideration, the certification of TA-W-81,968 and information
obtained during the reconsideration investigation, the Department
determines that 29 CFR 90.18(c) has not been met.
Conclusion
After careful review, 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 Verizon Services Corporation,
Customer Service Clerk, General Clerk, Clarksburg, West Virginia, to
apply for adjustment assistance, in accordance with Section 223 of the
Act, 19 U.S.C. 2273.
Signed in Washington, DC on this 16th day of May, 2013.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2013-12739 Filed 5-29-13; 8:45 am]
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