DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-60,400

UNUMPROVIDENT CORPORATION
INFORMATION TECHNOLOGY DIVISION
PORTLAND, MAINE

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 November 13, 2006 in
response to a petition filed by workers of UnumProvident
Corporation, Information Technology Division, Portland, Maine. The
workers of the subject facility were engaged in computer
programming.
UnumProvident is an insurance provider. The Information
Technology Division supports UnumProvident by developing, testing,
maintaining, supporting, and implementing new or existing computer
software programs for the subject firm's internal use only. The
programs created and maintained by the Information Technology
Division of Portland, Maine were used for the digital generating of
insurance documents and manuals.
The investigation revealed that UnumProvident Corporation,
Information Technology Division, Portland, Maine 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 computer programs created by the
worker group are for internal use only and are not marketed, nor
intended to be. The subject worker group does 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 of the facts obtained in the
investigation, I determine that all workers of UnumProvident
Corporation, Information Technology Division, Portland, Maine 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 30th day of November 2006


/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance