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

TAA Decision 98048

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-98,048 

COMPUTER TASK GROUP, INC. 

BOULDER, COLORADO 

TA-W-98,048A 

COMPUTER TASK GROUP, INC. 

BUFFALO, NEW YORK 

Negative Determinations 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 31, 2021 and 
filed on September 1, 2021 by a State Workforce Office, on behalf 
of former workers of Computer Task Group, Inc., Boulder, Colorado 
(TA-W-98,048) and Computer Task Group, Inc., Buffalo, New York 
(TA-W-98,048A) (hereafter referred to collectively as Computer 
Task Group). In accordance with 20 C.F.R. 618.110 a worker group 
is defined as, ""¦including teleworkers and staffed workers." 

The group of workers is engaged in activities related to the 
supply of information technology (IT) helpdesk services. 

The petition alleges that worker separations, or threats 
thereof, were due to a shift in work to foreign countries. 

During the course of the investigation, the Department 
collected information from the petition and the workers' firm. 

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, Computer Task Group, Inc., Boulder, Colorado and 
Computer Task Group, Inc., Buffalo, New York are engaged in 
activities related to the supply of IT helpdesk 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 Computer Task Group, 
Inc., Boulder, Colorado (TA-W-98,048), and Computer Task Group, 
Inc., Buffalo, New York (TA-W-98,048A) 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 22nd day of September, 2021 


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

Certifying Officer, Office of 

Trade Adjustment Assistance 


      

Text only version