Skip to content
  ETA Home / Trade Act Programs / Taa / Taadecisions /  

TAA Decision 98041

Note: Determinations for this case number, this case number with an alphabetic suffix, and any appeals or amendments appear below.

        UNITED STATES DEPARTMENT OF LABOR 

Employment and Training Administration 

TA-W-98,041 

GREYSTAR MANAGEMENT SERVICES LLP 

ACCOUNTS PAYABLE DEPARTMENT 

PHOENIX, ARIZONA 

Negative Determination Regarding Eligibility 

To Apply For Worker Adjustment Assistance 

And Alternative Trade Adjustment Assistance 

TRADE ADJUSTMENT ASSISTANCE 

In accordance with Section 223 of the Trade Act of 1974, as 
amended ("the Act"), 19 U.S.C. § 2273, the Department of Labor 
("the Department") herein presents the results of an investigation 
regarding certification of eligibility to apply for worker 
adjustment assistance. 

Workers of a firm may be eligible for worker adjustment 
assistance if they satisfy the criteria of subsection (a) and (b) 
of Section 222 of the Act, 19 U.S.C. § 2272(a) and (b). For the 
Department of Labor to issue a certification for workers under 
Section 222(a) of the Act, 19 U.S.C. § 2272(a), the following three 
criteria must be met: 

(1) The first criterion (set forth in Section 222(a)(1) of the 
Act, 19 U.S.C. § 2272(a)(1)) requires that a significant 
number or proportion of the workers in such workers' firm, or 
an appropriate subdivision of the firm, have become totally or 
partially separated, or are threatened to become totally or 
partially separated 

(2) The second criterion (set forth in Section 222(a)(2) of the 
Act, 19 U.S.C. § 2272(a)(2)) may be satisfied in one of two 
ways: 

(A) Increased Imports Path: 

(i) sales or production, or both, at the workers' firm must 
have decreased absolutely, AND 

(ii) imports of articles like or directly competitive with 
articles produced by such firm or subdivision have 
increased; and 

(iii) the increase described in clause (ii) contributed 
importantly to such workers' separation or threat of 
separation and to the decline in the sales or 
production of such firm or subdivision. 

(B) Shift in Production Path: 

(i) there has been a shift in production by such workers' 
firm or subdivision to a foreign country of articles like 
or directly competitive with articles which are produced 
by such firm or subdivision; and 

(ii)(I) the country to which the workers' firm has 
shifted production of the articles is a party to a free 
trade agreement with the United States; 

(II)the country to which the workers' firm has 
shifted production of the articles is a beneficiary 
country under the Andean Trade Preference Act, African 
Growth and Opportunity Act, or the Caribbean Basin 
Economic Recovery Act; or 

(III)there has been or is likely to be an increase in 
imports of articles that are like or directly 
competitive with articles which are or were produced by 
such firm or subdivision. 

For the Department to issue a secondary worker certification 
under Section 222(b) of the Act, 19 U.S.C. § 2272(b), to workers of 
a Supplier or a Downstream Producer, the following criteria must be 
met: 

(1) a significant number or proportion of the workers in the 
workers' firm or an appropriate subdivision of the firm 
have become totally or partially separated, or are 
threatened to become totally or partially separated; 

(2) the workers' firm is a Supplier or Downstream Producer to 
a firm that employed a group of workers who received a 
certification of eligibility under Section 222(a) of the 
Act, 19 U.S.C. § 2272(a), and such supply or production 
is related to the article that was the basis for such 
certification; and 

(3) either 

(A) the workers' firm is a supplier and the component 
parts it supplied to the firm described in paragraph (2) 
accounted for at least 20 percent of the production or 
sales of the workers' firm; or 

(B) a loss of business by the workers' firm with the firm 
described in paragraph (2) contributed importantly to 
the workers' separation or threat of separation. 

Section 222(c) of the Act, 19 U.S.C. § 2272(c), defines the 
terms "Supplier" and "Downstream Producer." 

The investigation was initiated in response to a Trade 
Adjustment Assistance for Workers (TAA) and Alternative Trade 
Adjustment Assistance (ATAA) petition dated August 25, 2021 and 
filed on August 26, 2021 by State Workforce Office on behalf of 
former workers of Greystar Management Services, LLP, Accounts 
Payable Department, Phoenix, Arizona (hereafter referred to as the 
"group of workers"). In accordance with 20 C.F.R. 618.110 group of 
workers is defined as, ""¦including teleworkers and staffed 
workers." 

The petition alleges that worker separations, or threats 
thereof, were due to foreign trade because "Accounts Payable 
Department will be shift to a foreign country." 

In order to be considered eligible to apply for adjustment 
assistance under Section 223 of the Trade Act of 1974, the group of 
workers seeking certification (or on whose behalf certification is 
being sought) must work for a "firm" or appropriate subdivision 
that produces an article. The definition of a firm includes an 
individual proprietorship, partnership, joint venture, association, 
corporation (including a development corporation), business trust, 
cooperative, trustee in bankruptcy, and receiver under decree of 
any court. 

Per 20 C.F.R. 618.110, Article means "a tangible good or an 
intangible good sold or produced by a firm. The good must be the 
subject of the sale or production, and not an object that is 
produced incidentally to the sale or production. An article can be 
measured in individual production units or commercial production 
units, such as with commodities. Sale of an article is the means by 
which revenue is generated, accumulated, or calculated." 

During the investigation, the Department obtained information 
that revealed that the petition workers' firm does not produce an 
article within the meaning of Section 222(a) or Section 222(b) of 
the Act; rather, workers of Greystar Management Services, LLP, 
Accounts Payable Department, Phoenix, Arizona is engaged in the 
supply of accounts payable and related administrative services. 

ALTERNATIVE TRADE ADJUSTMENT ASSISTANCE 

In order for the Department to issue a certification of 
eligibility to apply for Alternative Trade Adjustment Assistance 
(ATAA), the group of workers must be certified eligible to apply 
for Trade Adjustment Assistance (TAA). Because the group of workers 
are denied eligibility to apply for TAA, the group of workers 
cannot be certified eligible for ATAA. 

Conclusion 

After careful review of the facts obtained in the 
investigation, I determine that all workers of Greystar Management 
Services, LLP, Accounts Payable Department, Phoenix, Arizona, are 
denied eligibility to apply for adjustment assistance under Section 
223 of the Trade Act of 1974, and are also denied eligibility to 
apply for Alternative Trade Adjustment Assistance under Section 246 
of the Trade Act of 1974. 

Signed in Washington, D.C., this 20th day of September, 2021 



/s/ Del-Min Amy Chen
_______________________
DEL-MIN AMY CHEN 

Certifying Officer, Office of 

Trade Adjustment Assistance 



      

Text only version