Certified
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TAW-74562  /  Nextrx, Inc. (Plano, TX)

Petitioner Type: Workers
Impact Date: 08/24/2009
Filed Date: 08/25/2010
Most Recent Update: 09/24/2010
Determination Date: 09/24/2010
Expiration Date: 09/24/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-74,562

NEXTRX, INC.
A WHOLLY-OWNED SUBSIDIARY OF EXPRESS SCRIPTS, INC.
INCLUDING ON-SITE LEASED WORKERS FROM KELLY SERVICES
PLANO, TEXAS

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 25, 2010 on behalf of workers of NextRx, Inc.,
a wholly owned subsidiary of Express Scripts, Inc., Plano,
Texas (NextRx, Inc.). The workers were engaged in activities
related to call center services. The workers were not
separately identifiable by function. The investigation revealed
that the worker group included on-site leased workers from Kelly
Services.
The investigation further revealed that workers of NextRx,
Inc., a wholly owned subsidiary of Express Scripts, Inc.,
Plano, Texas, who were engaged in activities related to call
center services meet the criteria for certification.
Criterion I has been met because a significant proportion
of the workers in the workers' firm have become totally or
partially separated during the relevant period.
Criterion II has been satisfied because the workers' firm
has acquired from 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 acquisition of
call center services from the Philippines by NextRx, Inc.,
contributed importantly to worker group separations at NextRx,
Inc.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of NextRx, Inc., a
wholly owned subsidiary of Express Scripts, Inc., including
on-site leased workers from Kelly Services, Plano, Texas, who
are engaged in employment related to call center 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 NextRx, Inc., a wholly owned subsidiary of
Express Scripts, Inc., including on-site leased workers
from Kelly Services, Plano, Texas, who became totally or
partially separated from employment on or after August 24,
2009, 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 24th day of September, 2010


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