Petitioner Type: Workers
Impact Date:
Filed Date: 04/13/2005
Most Recent Update: 05/04/2005
Determination Date: 05/04/2005
Expiration Date:
Employment and Training Administration
TA-W-56,955
BROOKWOOD MEDICAL CENTER
MEDICAL TRANSCRIPTION DIVISION
BIRMINGHAM, ALABAMA
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 April 13, 2005 in response
to a petition filed on behalf of workers of Brookwood Medical
Center, Medical Transcription Division, Birmingham, Alabama. The
workers performed medical transcription services.
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 domestically and there must be a
relationship between the workers' work and the article produced by
the workers' firm or appropriate subdivision. The medical
transcription services 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.
Separations at the subject firm are due to a decision to
contract with an independent firm to perform the transcription
services. Although the firm is based abroad, services will
continue to be performed in the United States.
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
Brookwood Medical Center, Medical Transcription Division,
Birmingham, Alabama 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 4th day of May 2005.
/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance