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TAW-85137E  /  LexisNexis (Springfield, OH)

DEPARTMENT OF LABOR

Employment and Training Administration


TA-W-85,137

LEXISNEXIS
A SUBSIDIARY OF REED ELSEVIER, PLC.
AELPO TEAM
INCLUDING WORKERS WHOSE UNEMPLOYMENT INSURANCE (UI) WAGES
ARE REPORTED THROUGH MATTHEW BENDER AND
INCLUDING ON-SITE LEASED WORKERS FROM
POPULUS GROUP AND LINIUM CONSULTING
MIAMISBURG, OHIO

TA-W-85,137A

LEXISNEXIS
A SUBSIDIARY OF REED ELSEVIER, PLC.
AELPO TEAM
INCLUDING WORKERS WHOSE UNEMPLOYMENT INSURANCE (UI) WAGES
ARE REPORTED THROUGH MATTHEW BENDER AND
INCLUDING ON-SITE LEASED WORKERS FROM
POPULUS GROUP AND LINIUM CONSULTING
ALBANY, NEW YORK

TA-W-85,137B

LEXISNEXIS
A SUBSIDIARY OF REED ELSEVIER, PLC.
AELPO TEAM
INCLUDING WORKERS WHOSE UNEMPLOYMENT INSURANCE (UI) WAGES
ARE REPORTED THROUGH MATTHEW BENDER AND
INCLUDING ON-SITE LEASED WORKERS FROM
POPULUS GROUP AND LINIUM CONSULTING
CHARLOTTESVILLE, VIRGINIA

TA-W-85,137C

LEXISNEXIS
A SUBSIDIARY OF REED ELSEVIER, PLC.
AELPO TEAM
INCLUDING WORKERS WHOSE UNEMPLOYMENT INSURANCE (UI) WAGES
ARE REPORTED THROUGH MATTHEW BENDER AND
INCLUDING ON-SITE LEASED WORKERS FROM
POPULUS GROUP AND LINIUM CONSULTING
COLORADO SPRINGS, COLORADO

TA-W-85,137D

LEXISNEXIS
A SUBSIDIARY OF REED ELSEVIER, PLC.
AELPO TEAM
INCLUDING WORKERS WHOSE UNEMPLOYMENT INSURANCE (UI) WAGES
ARE REPORTED THROUGH MATTHEW BENDER AND
INCLUDING ON-SITE LEASED WORKERS FROM
POPULUS GROUP AND LINIUM CONSULTING
DAYTON, OHIO

TA-W-85,137E

LEXISNEXIS
A SUBSIDIARY OF REED ELSEVIER, PLC.
AELPO TEAM
INCLUDING WORKERS WHOSE UNEMPLOYMENT INSURANCE (UI) WAGES
ARE REPORTED THROUGH MATTHEW BENDER AND
INCLUDING ON-SITE LEASED WORKERS FROM
POPULUS GROUP AND LINIUM CONSULTING
SPRINGFIELD, OHIO

TA-W-85,137F

LEXISNEXIS
A SUBSIDIARY OF REED ELSEVIER, PLC.
AELPO TEAM
INCLUDING WORKERS WHOSE UNEMPLOYMENT INSURANCE (UI) WAGES
ARE REPORTED THROUGH MATTHEW BENDER AND
INCLUDING ON-SITE LEASED WORKERS FROM
POPULUS GROUP AND LINIUM CONSULTING
NEW PROVIDENCE, NEW JERSEY

TA-W-85,137G

LEXISNEXIS
A SUBSIDIARY OF REED ELSEVIER, PLC.
AELPO TEAM
INCLUDING WORKERS WHOSE UNEMPLOYMENT INSURANCE (UI) WAGES
ARE REPORTED THROUGH MATTHEW BENDER AND
INCLUDING ON-SITE LEASED WORKERS FROM
POPULUS GROUP AND LINIUM CONSULTING
NEW YORK, NEW YORK

TA-W-85,137H

LEXISNEXIS
A SUBSIDIARY OF REED ELSEVIER, PLC.
AELPO TEAM
INCLUDING WORKERS WHOSE UNEMPLOYMENT INSURANCE (UI) WAGES
ARE REPORTED THROUGH MATTHEW BENDER AND
INCLUDING ON-SITE LEASED WORKERS FROM
POPULUS GROUP AND LINIUM CONSULTING
SAN FRANCISCO, CALIFORNIA

TA-W-85,137I

LEXISNEXIS
A SUBSIDIARY OF REED ELSEVIER, PLC.
AELPO TEAM
INCLUDING WORKERS WHOSE UNEMPLOYMENT INSURANCE (UI) WAGES
ARE REPORTED THROUGH MATTHEW BENDER AND
INCLUDING ON-SITE LEASED WORKERS FROM
POPULUS GROUP AND LINIUM CONSULTING
OREM, UTAH

Notice of Revised Determination
After Statutory Reconsideration

As required by the Trade Adjustment Assistance Reauthorization
Act of 2015 (TAARA 2015), which was enacted as Title IV of the Trade
Preferences Extension Act of 2015, Public Law No. 114-27, section
405(a)(1)(A), 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 TAARA 2015, to the facts of this petition (statutory
reconsideration).

The initial investigation, initiated on March 12, 2014, resulted
in a negative determination, issued on April 25, 2014, that was based on
the findings that LexisNexis (subject firm) does not produce an article
within the meaning of Section 222(a) or Section 222(b) of the Act. The
determination was applicable to workers and former workers of LexisNexis,
a subsidiary of Reed Elsevier, PLC., AELPO Team, including workers whose
unemployment insurance (UI) wages are reported through Matthew Bender,
Miamisburg, Ohio (TA-W-85137), Albany, New York (TA-W-85,137A),
Charlottesville, Virginia (TA-W-85,137B), Colorado Springs, Colorado
(TA-W-85,137C), Dayton, Ohio (TA-W-85,137D), Springfield, Ohio (TA-W-85,137E),
New Providence, New Jersey (TA-W-85,137F), New York, New York (TA-W-85,137G),
San Francisco, California (TA-W-85,137H) and Orem, Utah (TA-W-85,137I)
(hereafter collectively referred to as the “subject worker group”). The
workers’ firm is engaged in activities related to the supply of on-line
legal research services. The subject worker group includes on-site leased
workers from Populus Group and Linium Consulting.

Based on information reviewed during the reconsideration
investigation, the Department of Labor determines that the subject
firm shifted to a foreign country the supply of services like or
directly competitive with the services supplied by the subject worker
group which contributed importantly to worker
separations.

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.

222(a)(2)(B) has been met because the workers’ firm has
shifted to a foreign country the supply of services like or directly
competitive with those supplied by the subject worker group which
contributed importantly to worker separations.

Conclusion

After careful review, I determine that workers of LexisNexis,
AELPO Team at the afore-identified locations who are engaged in
activities related to the supply of on-line legal research 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 LexisNexis, a subsidiary of Reed Elsevier,
PLC, AELPO Team, including workers whose unemployment insurance (UI)
wages are reported through Matthew Bender and including on-site leased
workers from Populous Group and Linium Consulting, Miamisburg, Ohio
(TA-W-85137), Albany, New York (TA-W-85,137A), Charlottesville, Virginia
(TA-W-85,137B), Colorado Springs, Colorado (TA-W-85,137C), Dayton, Ohio
(TA-W-85,137D), Springfield, Ohio (TA-W-85,137E), New Providence, New
Jersey (TA-W-85,137F), New York, New York (TA-W-85,137G), San Francisco,
California (TA-W-85,137H) and Orem, Utah (TA-W-85,137I), who became
totally or partially separated from employment on or after March 11,
2013, 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.”

Signed in Washington, D.C., this 16th day of October, 2015


/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-85,137

LEXISNEXIS
A SUBSIDIARY OF REED ELSEVIER, PLC.
AELPO TEAM
INCLUDING WORKERS WHOSE UNEMPLOYMENT INSURANCE (UI) WAGES
ARE REPORTED THROUGH MATTHEW BENDER AND
INCLUDING ON-SITE LEASED WORKERS FROM
POPULUS GROUP AND LINIUM CONSULTING
MIAMISBURG, OHIO

TA-W-85,137A

LEXISNEXIS
A SUBSIDIARY OF REED ELSEVIER, PLC.
AELPO TEAM
INCLUDING WORKERS WHOSE UNEMPLOYMENT INSURANCE (UI) WAGES
ARE REPORTED THROUGH MATTHEW BENDER AND
INCLUDING ON-SITE LEASED WORKERS FROM
POPULUS GROUP AND LINIUM CONSULTING
ALBANY, NEW YORK

TA-W-85,137B

LEXISNEXIS
A SUBSIDIARY OF REED ELSEVIER, PLC.
AELPO TEAM
INCLUDING WORKERS WHOSE UNEMPLOYMENT INSURANCE (UI) WAGES
ARE REPORTED THROUGH MATTHEW BENDER AND
INCLUDING ON-SITE LEASED WORKERS FROM
POPULUS GROUP AND LINIUM CONSULTING
CHARLOTTESVILLE, VIRGINIA

TA-W-85,137C

LEXISNEXIS
A SUBSIDIARY OF REED ELSEVIER, PLC.
AELPO TEAM
INCLUDING WORKERS WHOSE UNEMPLOYMENT INSURANCE (UI) WAGES
ARE REPORTED THROUGH MATTHEW BENDER AND
INCLUDING ON-SITE LEASED WORKERS FROM
POPULUS GROUP AND LINIUM CONSULTING
COLORADO SPRINGS, COLORADO


TA-W-85,137D

LEXISNEXIS
A SUBSIDIARY OF REED ELSEVIER, PLC.
AELPO TEAM
INCLUDING WORKERS WHOSE UNEMPLOYMENT INSURANCE (UI) WAGES
ARE REPORTED THROUGH MATTHEW BENDER AND
INCLUDING ON-SITE LEASED WORKERS FROM
POPULUS GROUP AND LINIUM CONSULTING
DAYTON, OHIO

TA-W-85,137E

LEXISNEXIS
A SUBSIDIARY OF REED ELSEVIER, PLC.
AELPO TEAM
INCLUDING WORKERS WHOSE UNEMPLOYMENT INSURANCE (UI) WAGES
ARE REPORTED THROUGH MATTHEW BENDER AND
INCLUDING ON-SITE LEASED WORKERS FROM
POPULUS GROUP AND LINIUM CONSULTING
SPRINGFIELD, OHIO

TA-W-85,137F

LEXISNEXIS
A SUBSIDIARY OF REED ELSEVIER, PLC.
AELPO TEAM
INCLUDING WORKERS WHOSE UNEMPLOYMENT INSURANCE (UI) WAGES
ARE REPORTED THROUGH MATTHEW BENDER AND
INCLUDING ON-SITE LEASED WORKERS FROM
POPULUS GROUP AND LINIUM CONSULTING
NEW PROVIDENCE, NEW JERSEY

TA-W-85,137G

LEXISNEXIS
A SUBSIDIARY OF REED ELSEVIER, PLC.
AELPO TEAM
INCLUDING WORKERS WHOSE UNEMPLOYMENT INSURANCE (UI) WAGES
ARE REPORTED THROUGH MATTHEW BENDER AND
INCLUDING ON-SITE LEASED WORKERS FROM
POPULUS GROUP AND LINIUM CONSULTING
NEW YORK, NEW YORK





TA-W-85,137H

LEXISNEXIS
A SUBSIDIARY OF REED ELSEVIER, PLC.
AELPO TEAM
INCLUDING WORKERS WHOSE UNEMPLOYMENT INSURANCE (UI) WAGES
ARE REPORTED THROUGH MATTHEW BENDER AND
INCLUDING ON-SITE LEASED WORKERS FROM
POPULUS GROUP AND LINIUM CONSULTING
SAN FRANCISCO, CALIFORNIA

TA-W-85,137I

LEXISNEXIS
A SUBSIDIARY OF REED ELSEVIER, PLC.
AELPO TEAM
INCLUDING WORKERS WHOSE UNEMPLOYMENT INSURANCE (UI) WAGES
ARE REPORTED THROUGH MATTHEW BENDER AND
INCLUDING ON-SITE LEASED WORKERS FROM
POPULUS GROUP AND LINIUM CONSULTING
OREM, UTAH


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
(Department) 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 issue a certification for workers under Section
222(a) of the Act, 19 U.S.C. § 2272(a), the following 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 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 12, 2014 by a company official on behalf of
workers of LexisNexis, a subsidiary of Reed Elsevier, Plc., AELPO
Team, including workers whose unemployment insurance (UI) wages
are reported through Matthew Bender, including on-site leased
workers from Populus Group and Linium Consulting, Miamisburg,
Ohio (TA-W-85137), Albany, New York (TA-W-85,137A),
Charlottesville, Virginia (TA-W-85,137B), Colorado Springs,
Colorado (TA-W-85,137C), Dayton, Ohio (TA-W-85,137D),
Springfield, Ohio (TA-W-85,137E), New Providence, New Jersey
(TA-W-85,137F), New York, New York (TA-W-85,137G), San
Francisco, California (TA-W-85,137H) and Orem, Utah (TA-W-
85,137I). The workers are engaged in activities related to the
supply of content for on-line legal research to LexisNexis
customers.
The petition states "Production has been and continues to
shift to foreign countries. Currently transitioning work to the
Manila, Philippines location and other offshore vendors."
During the course of the investigation, information was
collected from the workers' firm.
The investigation revealed that LexisNexis 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 obtained information
that revealed that the workers' firm did not produce an article;
rather, LexisNexis supplied services related to the supply of
content for on-line legal research.
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 LexisNexis, a
subsidiary of Reed Elsevier, Plc., AELPO Team, including workers
whose unemployment insurance (UI) wages are reported through
Matthew Bender, including on-site leased workers from Populus
Group and Linium Consulting, Miamisburg, Ohio (TA-W-85137),
Albany, New York (TA-W-85,137A), Charlottesville, Virginia (TA-W-
85,137B), Colorado Springs, Colorado (TA-W-85,137C), Dayton, Ohio
(TA-W-85,137D), Springfield, Ohio (TA-W-85,137E), New Providence,
New Jersey (TA-W-85,137F), New York, New York (TA-W-85,137G), San
Francisco, California (TA-W-85,137H) and Orem, Utah (TA-W-
85,137I), 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 25th day of April, 2014


/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance