DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-63,524

TENNESSEE ORTHOPAEDIC ALLIANCE
NASHVILLE, TENNESSEE

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 31, 2008, in
response to a petition filed by a company official of Tennessee
Orthopaedic Alliance, Nashville, Tennessee. Workers at the
subject firm were engaged in the transcription of physician
notes for patient medical records.
The investigation revealed that Tennessee Orthopaedic
Alliance, Nashville, Tennessee, 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 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.
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 Tennessee
Orthopaedic Alliance, Nashville, Tennessee, 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 24th day of June 2008

/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance