Denied
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TAW-63438  /  GMAC Insurance Management Corporation (Maryland Heights, MO)

Petitioner Type: Workers
Impact Date:
Filed Date: 05/28/2008
Most Recent Update: 10/29/2008
Determination Date: 10/29/2008
Expiration Date:

DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-63,438

GMAC INSURANCE MANAGEMENT CORPORATION
INFORMATION TECHNOLOGY GROUP
MARYLAND HEIGHTS, MISSOURI

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 May 28, 2008 in response
to a petition filed on behalf of workers at GMAC Insurance
Management Corporation, Information Technology Group, Maryland
Heights, Missouri. Workers of the Information Technology Group
are engaged in IT support and software creation in support of
the subject firm's insurance underwriting operations.
The investigation revealed that the Information Technology
Group 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 domestically
and there must be a relationship between the workers' work and
the article produced by the workers' firm or appropriate
subdivision. The Information Technology Group workers do not
support a firm or appropriate subdivision that produces an
article domestically and thus the worker group cannot be
considered import impacted or affected by a shift in production
of an article. The software created by the workers of the
Information Technology Group is used internally rather than sold
to customers, and its creation is incidental to the insurance
underwriting service provided by the firm.
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 GMAC Insurance
Management Corporation, Information Technology Group, Maryland
Heights, Missouri, 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 29th day of October 2008

/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance