Petitioner Type: Workers
Impact Date:
Filed Date: 07/23/2004
Most Recent Update: 08/02/2004
Determination Date: 08/02/2004
Expiration Date:
Employment and Training Administration
TA-W-55,310
EV BENEFITS MANAGEMENT, INC.
DATA ENTRY DEPARTMENT
COLUMBUS, OHIO
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 July 23, 2004 in response
to a petition filed on behalf of workers at EV Benefits Management,
Data Entry Department, Inc., Columbus, Ohio. The workers in the
petitioning worker group are engaged in data entry of health care
claims.
The investigation revealed that EV Benefits Management, Data
Entry Department, Inc., Columbus, Ohio, 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 data entry 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.
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 EV
Benefits Management, Data Entry Department, Inc., Columbus, Ohio
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 2nd day of August, 2004.
/s/ Elliott S. Kushner
____________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance