[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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