Petitioner Type: Company
Impact Date: 02/11/2010
Filed Date: 02/14/2011
Most Recent Update: 03/28/2011
Determination Date: 03/28/2011
Expiration Date: 03/28/2013
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-75,261
HIGHMARK WEST VIRGINIA, INC.
HEALTH PLAN OPERATIONS
INCLUDING WORKERS WORKING FROM THEIR HOMES IN
WEST VIRGINIA AND OHIO
PARKERSBURG, WEST VIRGINIA
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 February 14, 2011 by a company official on behalf of
workers of Highmark West Virginia, Inc., Health Plan
Operations, Parkersburg, West Virginia (Highmark). The workers
are engaged in activities related to supplying health
insurance services. The group consists of workers working from
their homes in West Virginia and Ohio.
The investigation revealed that workers of Highmark who are
engaged in activities related to supplying health insurance
services meet the criteria for certification.
Criterion I has been met because a significant number or
proportion of the workers at Highmark have become totally or
partially separated or are threatened with total or partial
separation.
Criterion II has been satisfied because there has been an
acquisition from a foreign country by Highmark of services that
are like or directly competitive with those supplied by the
Highmark.
Criterion III has been met because the acquisition of the
supply of health insurance services from India by Highmark
contributed importantly to worker group separations at
Highmark.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Highmark West
Virginia, Inc., Health Plan Operations, including workers
working from their homes in West Virginia and Ohio,
Parkersburg, West Virginia, who are engaged in employment
related to the supply of health insurance 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 Highmark West Virginia, Inc., Health Plan
Operations, including workers working from their homes in
West Virginia and Ohio, Parkersburg, West Virginia, who
became totally or partially separated from employment on or
after February 11, 2010, 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 28th day of March, 2011.
/s/Elliott S. Kushner_____
ELLIOTT S. KUSHNER
Certifying Officer, Office of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-75,261
HIGHMARK WEST VIRGINIA, INC.
HEALTH PLAN OPERATIONS
INCLUDING WORKERS WORKING FROM THEIR HOMES IN
WEST VIRGINIA AND OHIO
PARKERSBURG, WEST VIRGINIA
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 February 14, 2011 by a company official on behalf of
workers of Highmark West Virginia, Inc., Health Plan
Operations, Parkersburg, West Virginia (Highmark). The workers
are engaged in activities related to supplying health
insurance services. The group consists of workers working from
their homes in West Virginia and Ohio.
The investigation revealed that workers of Highmark who are
engaged in activities related to supplying health insurance
services meet the criteria for certification.
Criterion I has been met because a significant number or
proportion of the workers at Highmark have become totally or
partially separated or are threatened with total or partial
separation.
Criterion II has been satisfied because there has been an
acquisition from a foreign country by Highmark of services that
are like or directly competitive with those supplied by the
Highmark.
Criterion III has been met because the acquisition of the
supply of health insurance services from India by Highmark
contributed importantly to worker group separations at
Highmark.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Highmark West
Virginia, Inc., Health Plan Operations, including workers
working from their homes in West Virginia and Ohio,
Parkersburg, West Virginia, who are engaged in employment
related to the supply of health insurance 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 Highmark West Virginia, Inc., Health Plan
Operations, including workers working from their homes in
West Virginia and Ohio, Parkersburg, West Virginia, who
became totally or partially separated from employment on or
after February 11, 2010, 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 28th day of March, 2011.
/s/Elliott S. Kushner_____
ELLIOTT S. KUSHNER
Certifying Officer, Office of
Trade Adjustment Assistance