[Federal Register: July 14, 2008 (Volume 73, Number 135)]
[Notices]               
[Page 40390-40391]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14jy08-117]                         

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

DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-63,095]

 
Western Union Financial Services, Inc. Bridgeton, MO; Notice of 
Negative Determination Regarding Application for Reconsideration

    By application dated May 15, 2008, the petitioner requested 
administrative reconsideration of the Department's negative 
determination regarding eligibility to apply for Trade Adjustment 
Assistance (TAA) and Alternative Trade Adjustment Assistance (ATAA), 
applicable to workers and former workers of the subject firm. The 
denial notice was signed on April 10, 2008 and published in the Federal 
Register on April 23, 2008 (73 FR 21992).
    The request for reconsideration also includes workers of Western 
Union Financial Services, Inc., St. Charles, Missouri. The initial 
petition and consequent determination did not include workers of the 
above mentioned location. If the petitioner wishes the Department to 
consider TAA eligibility for workers of Western Union Financial 
Services, Inc. in St. Charles, Missouri, a new petition applicable to 
these workers should be filed.
    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 negative TAA determination issued by the Department for workers 
of Western Union Financial Services, Inc., Bridgeton, Missouri was 
based on the finding that the worker group does not produce an article 
within the meaning of Section 222 of the Trade Act of 1974. The 
investigation revealed that workers of the subject firm are engaged in 
call center services. The investigation further revealed that no 
production of article(s) occurred within the firm or appropriate 
subdivision within the Western Union Financial Services, Inc. during 
the relevant time period.
    The petitioner in the request for reconsideration contends that the 
Department erred in its interpretation of the work performed by the 
workers of the subject firm. The petitioner states that the workers of 
the subject firm ``are customer service representatives picking up 
telephone calls from customers wishing to send money orders to 
recipients either in the United States or overseas''. The petitioner 
also states that ``the article produced domestically in this case is 
the money order'' generated

[[Page 40391]]

after obtaining various financial information about customer's credit 
history. The petitioner alleges that the money order, ``consisting of 
tangible cash at the receiving end of the order'' is a product just as 
``an article or piece of clothing'', therefore, workers of the subject 
firm should be considered as engaged in production of articles.
    The investigation revealed that Western Union is a global leader in 
money transfer services, offering the ability to send money to various 
locations, including numerous foreign countries and territories. No 
articles are produced within Western Union. The workers of Western 
Union Financial Services, Inc., Bridgeton, Missouri provide customer 
service support to Western Union customers and agents. These functions, 
as described above, are not considered production of an article within 
the meaning of Section 222 of the Trade Act and while the provision of 
services may result in printed material, it is incidental to the 
provision of these services. Money order is a document used by the 
subject firm as incidental to money transfer services provided by the 
subject firm. No production took place at the subject facility nor did 
the workers support production of an article at any domestic affiliated 
location during the relevant period.
    The petitioner also alleges that job functions have been shifted 
from the subject firm overseas.
    The allegation of a shift to another country might be relevant if 
it was determined that workers of the subject firm produced an article. 
However, the investigation determined that workers of Western Union 
Financial Services, Inc., Bridgeton, Missouri do not produce an article 
within the meaning of Section 222 of the Trade Act of 1974.

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 25th day of June, 2008.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E8-15864 Filed 7-11-08; 8:45 am]

BILLING CODE 4510-FN-P