DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-80,079

THE LOOMIS COMPANY
INCLUDING ON-SITE LEASED WORKERS FROM OFFICE TEAM
WYOMISSING, PENNSYLVANIA

Notice of Revised Determination
on Reconsideration

The initial investigation, initiated March 30, 2011, resulted in
a negative determination, issued on May 4, 2011, that was based on
the finding that the workers did not produce an article. The
determination was applicable to workers and former workers of The
Loomis Company, Wyomissing, Pennsylvania. The notice of
determination was published in the Federal Register on May 23, 2011
(76 FR 29801). The workers’ firm is engaged in activities related to
the supply of administration and insurance agency services. The
worker group includes on-site leased workers from Office Team.
As required by the Trade Adjustment Assistance Extension Act of
2011 (the TAAEA), the investigation into this petition was reopened
for a reconsideration investigation to apply the requirements for
worker group eligibility under chapter 2 of title II of the Trade Act
of 1974, as amended by the TAAEA, to the facts of this petition.
Following a careful review, the Department determines that the
subject worker group met the eligibility requirement to apply for
Trade Adjustment Assistance.
Section 222(a)(1) has been met because a significant number or
proportion of the workers in such workers’ firm have become totally
or partially separated, or are threatened with such separation.
Section 222(a)(2)(B) has been met because the workers’ firm has
acquired from a foreign country the supply of services like or
directly competitive with those supplied by the workers which
contributed importantly to separations at Wyomissing, Pennsylvania.
Conclusion
After careful review, I determine that workers of The Loomis
Company, Wyomissing, Pennsylvania, who were engaged in employment
related to the supply of administration and insurance agency
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 The Loomis Company, including on-site leased
workers from Office Team, Wyomissing, Pennsylvania, who became
totally or partially separated from employment on or after March
29, 2010, through two years from the date of this certification,
and all workers in the group threatened with total or partial
separation from employment on December 20, 2011 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 15th day of December, 2011

/s/ Del Min Amy Chen

______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance


DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-80,079

THE LOOMIS COMPANY
WYOMISSING, PENNSYLVANIA

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 (“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.
Workers of a firm may be eligible for worker adjustment
assistance if they satisfy the criteria of subsection (a) and
(b) of Section 222 of the Act, 19 U.S.C. § 2272(a) and (b). For
the Department of Labor to issue a certification for workers
under Section 222(a) of the Act, 19 U.S.C. § 2272(a), the
following three criteria must be met:
(1) 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 such workers' firm,
or an appropriate subdivision of the firm, have become
totally or partially separated, or are threatened to become
totally or partially separated
(2) The second criterion (set forth in Section 222(a)(2) of the
Act, 19 U.S.C. § 2272(a)(2)) may be satisfied in one of two
ways:
(A) Increased Imports Path:
(i) sales or production, or both, at the workers’ firm
must have decreased absolutely, AND
(ii) imports of articles like or directly competitive with
articles produced by such firm or subdivision have
increased; and
(iii) the increase described in clause (ii) contributed
importantly to such workers’ separation or threat of
separation and to the decline in the sales or
production of such firm or subdivision.

(B) Shift in Production Path:
(i) there has been a shift in production by such workers’
firm or subdivision to a foreign country of articles
like or directly competitive with articles which are
produced by such firm or subdivision; and
(ii)(I) the country to which the workers’ firm has
shifted production of the articles is a party to a
free trade agreement with the United States;
(II)the country to which the workers’ firm has
shifted production of the articles is a beneficiary
country under the Andean Trade Preference Act, African
Growth and Opportunity Act, or the Caribbean Basin
Economic Recovery Act; or
(III)there has been or is likely to be an increase
in imports of articles that are like or directly
competitive with articles which are or were produced
by such firm or subdivision.

For the Department to issue a secondary worker certification
under Section 222(b) of the Act, 19 U.S.C. § 2272(b), to workers
of a Supplier or a Downstream Producer, the following criteria
must be met:
(1) a significant number or proportion of the workers in
the workers’ firm or an appropriate subdivision of the
firm have become totally or partially separated, or
are threatened to become totally or partially
separated;

(2) the workers’ firm is a Supplier or Downstream Producer
to a firm that employed a group of workers who
received a certification of eligibility under Section
222(a) of the Act, 19 U.S.C. § 2272(a), and such
supply or production is related to the article that
was the basis for such certification; and

(3) either
(A) the workers’ firm is a supplier and the component
parts it supplied to the firm described in paragraph
(2) accounted for at least 20 percent of the
production or sales of the workers’ firm; or
(B) a loss of business by the workers’ firm with the firm
described in paragraph (2) contributed importantly to
the workers’ separation or threat of separation.

Section 222(c) of the Act, 19 U.S.C. § 2272(c), defines the
terms “Supplier” and “Downstream Producer.”
The investigation was initiated in response to a petition
filed on March 30, 2011 on behalf of workers of The Loomis
Company, Wyomissing, Pennsylvania. The workers’ firm is engaged
in activities related to the supply of third party health
insurance claims administration and insurance agency services.
The petition alleges that workers’ jobs were shifted to a
foreign country. During the course of the investigation,
information was collected from the workers’ firm.
The investigation revealed that The Loomis Company,
Wyomissing, Pennsylvania, does not produce an article within the
meaning of Section 222(a) or Section 222(b) 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. The definition of a firm includes an
individual proprietorship, partnership, joint venture,
association, corporation (including a development corporation),
business trust, cooperative, trustee in bankruptcy, and receiver
under decree of any court.
During the investigation, the Department of Labor obtained
information that revealed that the workers’ firm did not produce
an article; rather, the workers’ firm supplied services related
to third party health insurance claims administration and
insurance agency services.
In order for the Department to issue a certification of
eligibility to apply for alternative trade adjustment assistance
(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 workers of The Loomis Company,
Wyomissing, Pennsylvania, engaged in activities related to the
supply of third party health insurance claims administration and
insurance agency services, 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 4th day of May, 2011



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







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