Denied
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TAW-56329  /  Spherion Corp. (Las Vegas, NV)

Petitioner Type: Workers
Impact Date:
Filed Date: 01/12/2005
Most Recent Update: 02/23/2005
Determination Date: 02/23/2005
Expiration Date:


DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-56,329

SPHERION CORPORATION
SPHERION PACIFIC WORKFORCE ENTERPRISE LLC
SPHERION-CONTACT CENTER SOLUTIONS
LAS VEGAS FACILITY
LAS VEGAS, NEVADA

Negative Determination Regarding Eligibility to Apply for
Worker Adjustment Assistance and
Alternative Trade Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974, as
amended (19 USC 2273), the Department of Labor herein presents
the results of an investigation regarding certification of
eligibility to apply for worker adjustment assistance.
The investigation was initiated on January 12, 2005, in
response to a petition filed on behalf of workers at Spherion
Las Vegas Facility, Las Vegas, Nevada. The investigation
revealed that the official name of the subdivision is Spherion
Corporation, Spherion Pacific Workforce Enterprise LLC,
Spherion- Contact Center Solutions, Las Vegas Facility. The
workers performed inbound customer call center activities to
resolve customer problems for an unaffiliated firm.
The investigation revealed that Spherion Corporation,
Spherion Pacific Workforce Enterprise LLC, Spherion- Contact
Center Solutions, Las Vegas Facility, does not produce an
article within the meaning of Section 222(a)(2) of the Act. In
order to be considered eligible to apply for adjustment
assistance under Section 223 of the Trade Act of 1974, the
worker group seeking certification (or on whose behalf
certification is being sought) must work for a "firm" or
appropriate subdivision that produces an article and there must
be a relationship between the workers' work and the article
produced by the workers' firm or appropriate subdivision. The
workers of the subject firm do not support a firm or appropriate
subdivision that produces an article domestically and thus the
worker group can not be considered import impacted or affected
by a shift in production of an article.
The petitioners claim the work they conducted went to
India. The investigation revealed that the subject firm was not
retained as the provider of services by the unaffiliated firm
for whom they performed inbound customer call center activities.
These services were moved by the customer to another domestic
location and to India.
In addition, in accordance with Section 246 the Trade Act
of 1974 (26 USC 2813), as amended, the Department of Labor
herein presents the results of its investigation regarding
certification of eligibility to apply for alternative trade
adjustment assistance (ATAA) for older workers.
In order for the Department to issue a certification of
eligibility to apply for ATAA, the worker group must be
certified eligible to apply for trade adjustment assistance
(TAA). Since the workers are denied eligibility to apply for
TAA, the workers cannot be certified eligible for ATAA.
Conclusion
After careful review, I determine that all workers of
Spherion Corporation, Spherion Pacific Workforce Enterprise LLC,
Spherion- Contact Center Solutions, Las Vegas Facility, Las
Vegas, Nevada are denied eligibility to apply for adjustment
assistance under Section 223 of the Trade Act of 1974, and
alternative trade adjustment assistance under Section 246 of the
Trade Act of 1974 as amended.
Signed in Washington, D. C. this 23rd day of February 2005

?s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance