Petitioner Type: Workers
Impact Date: 08/06/2010
Filed Date: 08/16/2011
Most Recent Update: 09/28/2011
Determination Date: 09/28/2011
Expiration Date: 12/19/2013
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-80,372
WALGREENS COMPANY
ACCOUNTS RECEIVABLE DIVISION
INCLUDING ON-SITE LEASED WORKERS
FROM ACCOUNTEMPS AND ADDISON SEARCH
DEERFIELD, ILLINOIS
Notice of Revised Determination
on Reconsideration
The initial investigation, initiated August 16, 2011, resulted
in a negative determination, issued on September 28, 2011, that was
based on the findings that the workers at the subject facility do
not produce an article. The determination was applicable to workers
and former workers of Walgreens Company, Accounts Receivable
Division, Deerfield, Illinois. The notice of determination was
published in the Federal Register on October 20, 2011 (76 FR
65215). The subject worker group is engaged in activities related
to the supply of accounts receivable support activities related to
the supply of healthcare services and includes on-site leased
workers from AccounTemps and Addison Search.
As required by the Trade Adjustment Assistance (TAA) 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.
Based on information reviewed during the reconsideration
investigation, the Department of Labor determines that the
preponderance of the employment declines at the subject firm is
related to the acquisition of accounts receivable services from a
foreign country.
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 to become totally or
partially separated.
Section 222(a)(2)(B) has been met because the workers’ firm
has acquired from a foreign country services like or directly
competitive with the accounts receivable services supplied by the
subject workers which contributed importantly to worker group
separations at Walgreens Company, Accounts Receivable Division,
Deerfield, Illinois.
Conclusion
After careful review, I determine that workers of Walgreens
Company, Accounts Receivable Division, Deerfield, Illinois, who
were engaged in employment related to the supply of accounts
receivable 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 Walgreens Company, Accounts Receivable
Division, including on-site leased workers from AccounTemps
and Addison Search, Deerfield, Illinois, who became totally or
partially separated from employment on or after August 6,
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 19th 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-80,372
WALGREENS COMPANY
ACCOUNTS RECEIVABLE DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM
ACCOUNTEMPS AND ADDISON SEARCH
DEERFIELD, ILLINOIS
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 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 August 16, 2011 by three workers on behalf of Walgreens.
The worker group is engaged in supplying accounts receivable
support activities related to the supply of healthcare services.
The petitioner alleges that, their immediate department
(Pharmacy Receivables) is being sent to a foreign country. Services
are being outsourced to Genpact in India.
The investigation revealed that Walgreens does not produce an
article within the meaning of Section 222(a) or Section 222(b) of
the Act. Rather, the workers’ firm supplied account receivable
support to internal departments of the firm. 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.
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 all workers of Walgreens Company,
Accounts Receivable Division. The workers also include on-site
leased workers from Accountemps and Addison Search, Deerfield,
Illinois, 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 28th day of September, 2011
/s/Del Min Amy Chen
___________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
______________________________
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Employment and Training Administration
TA-W-80,372
WALGREENS COMPANY
ACCOUNTS RECEIVABLE DIVISION
INCLUDING ON-SITE LEASED WORKERS
FROM ACCOUNTEMPS AND ADDISON SEARCH
DEERFIELD, ILLINOIS
Notice of Revised Determination
on Reconsideration
The initial investigation, initiated August 16, 2011, resulted
in a negative determination, issued on September 28, 2011, that was
based on the findings that the workers at the subject facility do
not produce an article. The determination was applicable to workers
and former workers of Walgreens Company, Accounts Receivable
Division, Deerfield, Illinois. The notice of determination was
published in the Federal Register on October 20, 2011 (76 FR
65215). The subject worker group is engaged in activities related
to the supply of accounts receivable support activities related to
the supply of healthcare services and includes on-site leased
workers from AccounTemps and Addison Search.
As required by the Trade Adjustment Assistance (TAA) 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.
Based on information reviewed during the reconsideration
investigation, the Department of Labor determines that the
preponderance of the employment declines at the subject firm is
related to the acquisition of accounts receivable services from a
foreign country.
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 to become totally or
partially separated.
Section 222(a)(2)(B) has been met because the workers’ firm
has acquired from a foreign country services like or directly
competitive with the accounts receivable services supplied by the
subject workers which contributed importantly to worker group
separations at Walgreens Company, Accounts Receivable Division,
Deerfield, Illinois.
Conclusion
After careful review, I determine that workers of Walgreens
Company, Accounts Receivable Division, Deerfield, Illinois, who
were engaged in employment related to the supply of accounts
receivable 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 Walgreens Company, Accounts Receivable
Division, including on-site leased workers from AccounTemps
and Addison Search, Deerfield, Illinois, who became totally or
partially separated from employment on or after August 6,
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 19th 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-80,372
WALGREENS COMPANY
ACCOUNTS RECEIVABLE DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM
ACCOUNTEMPS AND ADDISON SEARCH
DEERFIELD, ILLINOIS
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 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 August 16, 2011 by three workers on behalf of Walgreens.
The worker group is engaged in supplying accounts receivable
support activities related to the supply of healthcare services.
The petitioner alleges that, their immediate department
(Pharmacy Receivables) is being sent to a foreign country. Services
are being outsourced to Genpact in India.
The investigation revealed that Walgreens does not produce an
article within the meaning of Section 222(a) or Section 222(b) of
the Act. Rather, the workers’ firm supplied account receivable
support to internal departments of the firm. 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.
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 all workers of Walgreens Company,
Accounts Receivable Division. The workers also include on-site
leased workers from Accountemps and Addison Search, Deerfield,
Illinois, 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 28th day of September, 2011
/s/Del Min Amy Chen
___________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
______________________________
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