Healthlink, a Wellpoint, Inc. Company, Accounts Receivable and Collections Division, St. Louis, MO; Notice of Negative Determination Regarding Application for Reconsideration, 54801 [2011-22552]

Agencies

• Employment and Training Administration
• DEPARTMENT OF LABOR

[Federal Register Volume 76, Number 171 (Friday, September 2, 2011)]
[Notices]
[Page 54801]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-22552]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-80,213]


Healthlink, a Wellpoint, Inc. Company, Accounts Receivable and 
Collections Division, St. Louis, MO; Notice of Negative Determination 
Regarding Application for Reconsideration

    By application received July 14, 2011, a worker requested 
administrative reconsideration of the negative determination regarding 
workers' eligibility to apply for Trade Adjustment Assistance (TAA) 
applicable to workers and former workers HealthLink, a Wellpoint, Inc. 
Company, Accounts Receivable and Collections Division, St. Louis, 
Missouri (HealthLink-Accounts Receivable Collections Division). The 
negative determination was issued on June 21, 2011. The Department's 
Notice of Determination was published in the Federal Register on July 
8, 2011 (76 FR 40402). The workers of HealthLink-Accounts Receivable 
Collections Division are engaged in activities related to the supply of 
health insurance services: Accounts payable and collections services.
    The petition was filed on behalf of ``finance'' workers at 
HealthLink, St. Louis, Missouri (HealthLink). The petition states that 
the service supplied by HealthLink is a ``network of providers through 
contracts to payors--insurers and third party administrators'' and that 
``production has been/is being sent to India and services are being 
outsourced to India.''
    The negative determination was based on the Department's findings 
that HealthLink does not produce an article within the meaning of 
Section 222(a) or Section 222(b) 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.
    In the request for reconsideration, the petitioner asserts that 
subject worker group separations were due to a shift to India and 
stated that ``other Wellpoint petitions for several other locations of 
Financial Operation departments'' have worker groups eligible to apply 
for TAA.
    The determinations referenced in the request for reconsideration 
are Wellpoint, Inc., Financial Operations Recovery Department (TA-W-
74,661 through TA-W-74,661H; issued on January 7, 2011).
    Workers covered by TA-W-74,661 were eligible to apply for worker 
adjustment assistance because the worker group eligibility requirements 
of the Trade and Globalization Adjustment Assistance Act of 2009 (Trade 
Act of 2009) was satisfied. Specifically, the Department determined 
that there was a shift by the workers' firm to a foreign country in the 
supply of services like or directly competitive with those supplied by 
the workers' firm and that the shift of services abroad contributed 
importantly to worker group separations.
    Pursuant to 29 CFR 90.18(c), administrative 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.
    After the Trade Act of 2009 expired in February 2011, petitions for 
TAA were instituted under the Trade Adjustment Assistance Reform Act of 
2002 (Trade Act of 2002). Therefore, the statute applicable to TA-W-
80,213 is the Trade Act of 2002. The applicable regulation is codified 
in 29 CFR 90, subpart B.
    Section 222 of the Trade Act of 2002 establishes the worker group 
eligibility requirements. The requirements include either ``imports of 
articles like or directly competitive with articles produced by such 
firm or subdivision have increased'' or ``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.''
    The request for reconsideration asserts that workers separated at 
the HealthLink, St. Louis, Missouri facility are similar to workers 
covered by ``other locations of Financial Operation departments that 
have been approved.''
    The certification for TA-W-74,661 was issued based on the 
Department's findings that the workers' firm supplied a service and 
that the supply of services was shifted to a foreign country. The shift 
of services that was the basis for certification under the Trade Act of 
2009 cannot be the basis for certification under the Trade Act of 2002 
because the two statutes have different worker group eligibility 
criteria.
    After careful review of the request for reconsideration, previously 
submitted materials, the applicable statute, and relevant regulation, 
the Department determines that there is no new information, mistake in 
fact, or misinterpretation of the facts or of the law.

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, DC this 18th day of August, 2011.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2011-22552 Filed 9-1-11; 8:45 am]
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