[Federal Register Volume 70, Number 152 (Tuesday, August 9, 2005)]
[Notices]
[Pages 46191-46192]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-4293]


-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-56,946]


UITS Support Center, A Division Of NBC Universal, Universal City, 
CA; Notice of Negative Determination Regarding Application for 
Reconsideration

    By application dated May 20, 2005, a petitioner requested 
administrative reconsideration of the Department's negative 
determination regarding eligibility for workers and former workers of 
the subject firm to apply for Trade Adjustment Assistance (TAA). The 
denial notice applicable to workers of UITS Support Center, a division 
of NBC Universal, Universal City, California, was signed on April 21, 
2005, and published in the Federal Register on May 16, 2005 (70 FR 
25859).
    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

[[Page 46192]]

of the law justified reconsideration of the decision.
    The TAA petition filed on behalf of a worker at UITS Support 
Center, a division of NBC Universal, Universal City, California, 
engaged in technical support for the employees of the Universal Studios 
and Universal Music was denied because the petitioning workers did not 
produce an article within the meaning of section 222 of the Act.
    The petitioner contends that the Department erred in its 
interpretation of work performed at the subject facility as a service 
and further conveys that movies which are filmed and taped at the 
Universal Studios lot should be considered a product and workers 
dealing with the technological aspects such as soundstage locations, 
wardrobe inventory and actors' contracts should be considered workers 
engaged in production.
    A company official was contacted for clarification in regard to the 
nature of the work performed at the subject facility. The official 
stated that the role of the petitioning group of workers at the subject 
firm was that of information technology help desk analyst. In 
particular, workers of the subject firm provided assistance pertaining 
to computer problems over the telephone to the workers at Universal 
Studios, Universal City, California. The official further clarified 
that workers of the University Studios, University City, California, do 
not manufacture articles, and are engaged in activities related to 
making movies and television shows.
    The company official further stated that the position of help desk 
analyst was transferred from the subject facility to India.
    Technical support is not considered production within the context 
of TAA eligibility requirements, so there are no imports of products 
nor was there a shift in production of an ``article'' abroad within the 
meaning of the Trade Act of 1974 in this instance.
    Service workers can be certified only if worker separations are 
caused by a reduced demand for their services from a parent or 
controlling firm or subdivision whose workers produce an article 
domestically who meet the eligibility requirements, or if the group of 
workers are leased workers who perform their duties on-site at a 
facility that meet the eligibility requirements.

Conclusion

    After review of the application and investigative findings, I 
conclude that there has been no error or misinterpretation of the law 
or of the facts which would justify reconsideration of the Department 
of Labor's prior decision. Accordingly, the application is denied.

    Signed in Washington, DC, this 15th day of July, 2005.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E5-4293 Filed 8-8-05; 8:45 am]
BILLING CODE 4510-30-P