[Federal Register: September 18, 2008 (Volume 73, Number 182)]
[Notices]
[Page 54174-54175]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18se08-80]
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DEPARTMENT OF LABOR
Employment and Training Administration
[TA-W-62,955]
Pitney Bowes Tech Central Infrastructure & Support Services,
Danbury, CT; Notice of Negative Determination on Reconsideration
On July 15, 2008, the Department issued an Affirmative
Determination Regarding Application for Reconsideration for the workers
and former workers of the subject firm. The notice was published in the
Federal Register on July 21, 2008 (73 FR 42368).
The initial investigation resulted in a negative determination
based on the finding that worker group does not produce an article
within the meaning of section 222 for the Trade Act of 1974. The
investigation revealed that workers of Pitney Bowes, Tech Central
Infrastructure & Support Services, Danbury, Connecticut performed IT
technical support for Pitney Bowes, Inc., which included tech support
for the mainframe, network, and supporting software, including
upgrades, installs, patches, maintenance, help desk support and repair.
In the request for reconsideration the petitioner stated that
workers of Tech Central Infrastructure & Support Services are Computer
Operations Management and Staff, Server Engineering and Support,
Network Engineering and Support, Telecommunications Engineering and
Support and various Application Support group (HR, SAP, Lotus Notes,
etc.) The petitioner further alleged that the workers of the subject
firm supported production of Postage Meters by building custom servers,
applications and infrastructure, ``built the physical equipment that
allows Pitney Bowes to offer additional products and services'' and
``supported production of custom stamps by designing, implementation,
storage and support of this product.''
On reconsideration, the Department contacted a company official and
requested additional information regarding the production of various
products by Pitney Bowes and whether workers of the subject firm
supported production of the above mentioned products.
The company official stated that Pitney Bowes, Inc. bought servers
from a third-party vendor and in no sense built these servers or
develop applications or code. Furthermore, the company official stated
that the workers of the subject firm neither built physical equipment
nor designed or created the
[[Page 54175]]
Stamp products. The company official stated that some of the
petitioning workers may have loaded software of the Stamp Expressions
product on the servers and/or connected the software to the network.
The petitioner further alleged that production of the above-
mentioned articles has been shifted to India and thus workers of the
Tech Central Infrastructure & Support Services, Danbury, Connecticut
should be eligible for TAA.
The company official denied this allegation and stated that
production of postage meters, custom stamps, and similar Pitney Bowes
equipment is continuing to be produced in the United States and that
there was no shift in production of these articles to India or any
other foreign country.
The company official stated that some information support functions
have been outsourced to a third party vendor, both in the United States
and India. However, this outsourcing does not include any outsourcing
in production.
The allegation of a shift to another country might be relevant if
it was determined that workers of the subject firm produced an article.
Since the investigation determined that workers of Pitney Bowes, Tech
Central Infrastructure & Support Services, Danbury, Connecticut do not
produce an article, there can not be imports nor a shift in production
of an ``article'' abroad within the meaning of the Trade Act of 1974 in
this instance.
Conclusion
After reconsideration, I affirm the original notice of negative
determination of eligibility to apply for worker adjustment assistance
for workers and former workers of Pitney Bowes, Tech Central
Infrastructure & Support Services, Danbury, Connecticut.
Signed at Washington, DC, this 9th day of September, 2008.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E8-21841 Filed 9-17-08; 8:45 am]
BILLING CODE 4510-FN-P