Denied
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TAW-74984C  /  Express Scripts (Mason, OH)

Petitioner Type: State
Impact Date:
Filed Date: 12/13/2010
Most Recent Update: 05/18/2011
Determination Date: 05/18/2011
Expiration Date:

DEPARTMENT OF LABOR
Employment and Training Administration

TA-W-74,984

EXPRESS SCRIPTS
AUTHORIZATION DEPARTMENT
INCLUDING ON-SITE WORKERS FROM KELLY SERVICES
BLOOMINGTON, MINNESOTA

TA-W-74,984A

EXPRESS SCRIPTS
INFORMATION TECHNOLOGY DEPARTMENT
INCLUDING ON-SITE WORKERS FROM KELLY SERVICES
BLOOMINGTON, MINNESOTA

TA-W-74,984B

EXPRESS SCRIPTS
AUTHORIZATION DEPARTMENT
MASON, OHIO

TA-W-74,984C

EXPRESS SCRIPTS
INFORMATION TECHNOLOGY DEPARTMENT
MASON, OHIO

Determinations 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. (Set forth in 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 December 13, 2010 on behalf of workers of Express
Scripts, Authorization Department, Bloomington, Minnesota (TA-W-
74,984); Express Scripts, Information Technology Department,
Bloomington, Minnesota (TA-W-74,984A); Express Scripts,
Authorization Department, Mason, Ohio (TA-W-74,984B); and
Express Scripts, Information Technology Department, Mason, Ohio
(TA-W-74,984C) (Express Scripts). The workers are engaged in
authorization and information technology services supporting
pharmacy services. The worker group includes on-site
leased workers from Kelly Services.
The investigation revealed that workers of Express Scripts,
Authorization Department, Bloomington, Minnesota (TA-W-74,984)
and Express Scripts, Information Technology Department,
Bloomington, Minnesota (TA-W-74,984A) who are engaged in
authorization and information technology activities meet the
criteria for certification.
Criterion I has been met because a significant number of
workers have been separated during the relevant period.
Criterion II has been satisfied because the workers' firm
has acquired services from a foreign country like or directly
competitive with the authorization and information technology
services supplied by the workers.
Criterion III has been met because the acquisition of
services from a foreign country contributed importantly to
worker group separations at Express Scripts, Authorization
Department, Bloomington, Minnesota (TA-W-74,984) and Express
Scripts, Information Technology Department, Bloomington,
Minnesota (TA-W-74,984A).
Regarding workers of Express Scripts, Authorization
Department, Mason, Ohio (TA-W-74,984B) and Express Scripts,
Information Technology Department, Mason, Ohio (TA-W-74,984C),
the investigation revealed that Criterion I of Sections 222(a)
and 222(c) have not been met because a significant number or
proportion of the workers in the workers' firm have not become
totally or partially separated or threatened with total or
partial separation. According to 20 CFR 617.3(cc), a partial
separation requires (1) that hours of work be reduced to 80
percent of less of the individual's average weekly hours and (2)
wages reduced to 80 percent or less of the individual's average
weekly wage during a week ending on or after the impact date
specified in the certification.
Finally, the group eligibility requirements under Section
222(f) of the Act, 19 U.S.C. § 2272(f), have not been satisfied
because the workers' firm has not been identified in an
affirmative finding of injury by the International Trade
Commission.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Express Scripts,
Authorization Department, Bloomington, Minnesota (TA-W-74,984)
and Express Scripts, Information Technology Department,
Bloomington, Minnesota (TA-W-74,984A), who are engaged in
employment related to authorization and 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 Express Scripts, Authorization Department,
including on-site workers from Kelly Services, Bloomington,
Minnesota (TA-W-74,984) and Express Scripts, Information
Technology Department, including on-site workers from Kelly
Services, Bloomington, Minnesota (TA-W-74,984A), who became
totally or partially separated from employment on or after
December 10, 2009, through two years from the date of
certification, and all workers in the group threatened with
total or partial separation from employment on the 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,
AND
Workers of Express Scripts, Authorization Department,
Mason, Ohio (TA-W-74,984B) and Express Scripts, Information
Technology Department, Mason, Ohio (TA-W-74,984C), who are
engaged in authorization and information technology
services, are denied eligibility to apply for adjustment
assistance under Section 223 of the Act, 19 U.S.C. § 2273."
Signed in Washington, D.C., this 18th day of May, 2011


/s/Michael W. Jaffe___________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance