Petitioner Type: Workers
Impact Date:
Filed Date: 01/28/2002
Most Recent Update: 02/19/2002
Determination Date: 02/19/2002
Expiration Date:
Employment and Training Administration
TA-W-40,692
VARTEC CRM, INCORPORATED
WACO, TEXAS
Notice of Negative Determination
Regarding Application for Reconsideration
By application of March 14, 2002, the 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 was signed on February 19,
2002 and published in the Federal Register on February 28, 2002
(67 FR 9324).
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.
The petition, filed on behalf of workers at Vartec CRM,
Incorporated, Waco, Texas engaged in providing customer relations
management was denied because the workers did not produce an
article within the meaning of Section 222(3) of the Act.
The petitioner alleges that the subject plant workers
manufactured a product and refers to the product as information.
The activities of the customer relations management workers
of providing information does not qualify as an article of
production, but is considered a service function.
The subject workers do not produce an article within the
meaning of Section 222(3) of the Act.
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 at Washington, D.C., this 9th day of May, 2002.
/s/ Edward A. Tomchick
_______________________
EDWARD A. TOMCHICK
Director, Division of
Trade Adjustment Assistance