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TAW-71894  /  Kaiser Foundation Hospitals (Corona, CA)

Petitioner Type: Workers
Impact Date: 07/23/2008
Filed Date: 08/03/2009
Most Recent Update: 09/17/2009
Determination Date: 09/17/2009
Expiration Date: 09/17/2011


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-71,894

KAISER FOUNDATION HOSPITALS AKA KAISER PERMANENTE
CORONA, CALIFORNIA

Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974, as
amended ("Act"), 19 U.S.C. § 2273, the Department of Labor
herein presents the results of an investigation regarding
certification of eligibility to apply for worker adjustment
assistance.
The group eligibility requirements for workers of a firm
under Section 222(a) of the Act, 19 U.S.C. § 2272(a), are
satisfied if the following criteria are met:
I. The first criterion (set forth in Section 222(a)(1) of the
Act, 19 U.S.C. § 2272(a)(1)) requires that a significant
number or proportion of the workers in the workers' firm
must have become totally or partially separated or be
threatened with total or partial separation.

II. The second criterion (set forth in Section 222(a)(2) of the
Act, 19 U.S.C. § 2272(a)(2)) may be satisfied if either:

(i)(I) there has been a shift by the workers' firm to a
foreign country in the production of articles or
supply of services like or directly competitive with
those produced/supplied by the workers' firm; OR
(i)(II) there has been an acquisition from a foreign
country by the workers' firm of articles/services that
are like or directly competitive with those
produced/supplied by the workers' firm.

III. The third criterion requires that the shift/acquisition
must have contributed importantly to the workers'
separation or threat of separation. See Section
222(a)(2)(B)(ii) of the Act, 19 U.S.C. §
2272(a)(2)(B)(ii).

The investigation was initiated in response to a petition
filed on August 3, 2009 by three workers on behalf of workers of
Kaiser Foundation Hospitals aka Kaiser Permanente, Corona,
California (hereinafter referred to as Kaiser). The workers
supplied information technology services for organizations
that are part of the Kaiser Permanente Medical Care Program.
The investigation revealed that workers of Kaiser who are
engaged in employment related to the supply of information
technology services meet the criteria for certification.
Criterion I has been met because at least five percent of
the workers have become separated during the relevant period.
Criterion II has been met because the workers' firm has
shifted to a foreign country the supply of a service like or
directly competitive with the service supplied by the workers.
Criterion III has been met because the shift in supply of
information technology services to India by Kaiser contributed
importantly to worker group separations at Kaiser.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Kaiser Foundation
Hospitals aka Kaiser Permanente, Corona, California, who are
engaged in employment related to the supply of information
technology services meet the worker group certification criteria
under Section 222(a) of the Act, 19 U.S.C. § 2272(a). In
accordance with Section 223 of the Act, 19 U.S.C. § 2273, I make
the following certification:
"All workers of Kaiser Foundation Hospitals, aka Kaiser
Permanente, Corona, California, who became totally or
partially separated from employment on or after July 23,
2008, through two years from the date of certification, and
all workers in the group threatened with total or partial
separation from employment on date of certification through
two years from the date of certification, are eligible to
apply for adjustment assistance under Chapter 2 of Title II
of the Trade Act of 1974, as amended."
Signed in Washington, D.C., this 17th day of September, 2009

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