[Federal Register Volume 76, Number 69 (Monday, April 11, 2011)]
[Notices]
[Pages 20048-20049]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-8496]
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DEPARTMENT OF LABOR
Employment and Training Administration
Notice of Revised Determination on Reconsideration
In the matter of: TA-W-74,347; NCR Corporation, United States
Postal Service Help Desk, Customer Care Center, Including On-Site
Leased Workers of Volt Consulting; West Columbia, South Carolina and
TA-W-74,347A; NCR Corporation Call Center, Including On-Site Leased
Workers of Volt Consulting; West Columbia, South Carolina; Notice of
Revised Determination on Reconsideration.
On October 7, 2010, the Department issued an Affirmative
Determination Regarding Application for Reconsideration for the workers
and former workers of NCR Corporation, Customer Care Center, United
States Postal Service Help Desk, West Columbia, South Carolina. The
Department's Notice was published in the Federal Register on October
25, 2010 (75 FR 65515).
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 initial negative determination was based on the findings that
the worker separations, or threat of separation, were not due to either
a shift in the supply of support service abroad by NCR Corporation,
Customer Care Center, United States Postal Service Help Desk, or
increased imports of services like or directly competitive with those
supplied at NCR Corporation, Customer Care Center, United States Postal
Service Help Desk, West Columbia, South Carolina. The initial
investigation also revealed that NCR Corporation, Customer Care Center,
United States Postal Service Help Desk, West Columbia, South Carolina,
did not supply a service to a firm that employed a worker group
eligible to apply for Trade Adjustment Assistance (TAA).
A careful review of previously-submitted information confirmed that
workers at NCR Corporation are separately identifiable by service
supplied. As such, the Department determines that there are two worker
groups at the West Columbia, South Carolina facility: the United States
Postal Service (USPS) Help Desk within the Customer Care Center (TA-W-
74,347) and the NCR Corporation's Call Center (TA-W-74,347A).
Therefore, for purposes of the Trade Act of 1974, as amended, the
subject worker group of TA-W-74,347 consists of workers and former
workers of USPS Help Desk who are engaged in employment related to the
supply of technical support services for the USPS. This worker group
excludes workers not assigned to the Customer Care Center and workers
within the Customer Care Center who are assigned to other Help Desks.
This worker group includes on-site leased workers of Volt Consulting.
Moreover, the subject worker group of TA-W-74,347A consists of
workers and former workers of the Call Center who
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are engaged in employment related to the supply of technical support
services. This worker group excludes workers not assigned to the Call
Center located in West Columbia, South Carolina. This worker group
includes on-site leased workers of Volt Consulting.
Information obtained during the reconsideration investigation
confirmed that, during the relevant period, NCR Corporation did not
shift to a foreign country the supply of services like or directly
competitive with the services supplied by the USPS Help Desk, nor has
there has been an acquisition from a foreign country by NCR Corporation
of services like or directly competitive with those supplied by the
USPS Help Desk. Rather, the services which were supplied by the workers
at USPS Help Desk in West Columbia, South Carolina are being performed
at other NCR Corporation facilities within the United States, per the
client. Therefore, the Department determines that workers and former
workers of NCR Corporation, Customer Care Center, United States Postal
Service Help Desk, West Columbia, South Carolina have not met the
eligibility criteria for TAA.
Information obtained during the initial investigation revealed that
a significant number of workers at NCR Corporation, Call Center, West
Columbia, South Carolina have been totally or partially separated, or
are threatened with such separation; that NCR Corporation has shifted
to a foreign country the supply of services like or directly
competitive with the services supplied by the Call Center; and that the
shift to India has contributed importantly to worker separations (total
or partial), or threat of such separations, at NCR Corporation, Call
Center, West Columbia, South Carolina. Therefore, the Department
determines that workers and former workers of NCR Corporation, Call
Center, West Columbia, South Carolina have met the eligibility criteria
for TAA.
Conclusion
After careful review of the additional facts obtained during the
reconsideration investigation, I affirm the original notice of negative
determination of eligibility to apply for worker adjustment assistance
for workers and former workers of NCR Corporation, Customer Care
Center, United States Postal Service Help Desk, West Columbia, South
Carolina (TA-W-74,347) and determine that workers and former workers of
NCR Corporation, Call Center, West Columbia, South Carolina (TA-W-
74,347A), 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 NCR Corporation, Call Center, including on-site
leased workers of Volt Consulting, West Columbia, South Carolina
(TA-W-74,347A), who became totally or partially separated from
employment on or after June 18, 2009, through two years from the
date of this revised certification, and all workers in the group
threatened with total or partial separation from employment on 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, DC, this 1st day of April, 2011.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2011-8496 Filed 4-8-11; 8:45 am]
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