DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,145

AXA EQUITABLE LIFE INSURANCE COMPANY
A SUBSIDIARY OF AXA FINANCIAL, INC.
NEW BUSINESS APPLICATION ENTRY GROUP
INCLUDING ON-SITE LEASED WORKERS FROM
KELLY SERVICES
CHARLOTTE, NORTH CAROLINA

TA-W-85,145A

AXA EQUITABLE LIFE INSURANCE COMPANY
A SUBSIDIARY OF AXA FINANCIAL, INC.
NEW BUSINESS INDEXING GROUP
INCLUDING ON-SITE LEASED WORKERS FROM
KELLY SERVICES
CHARLOTTE, NORTH CAROLINA

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 March 13, 2014,
resulted in a negative determination, issued on April 3, 2014,
that was based on the firm not producing an article. The
determination was applicable to workers and former workers of
AXA Life Insurance Company, a subsidiary of AXA Financial, Inc.,
including on-site leased workers from Kelly Services, Charlotte,
North Carolina. An Application for Reconsideration (regulatory)
was filed on April 29, 2014. A Negative Determination Regarding
Application for Reconsideration was issued on May 15, 2014. The
Department’s Notice of determination was published in the Federal
Register on May 27, 2014 (79 FR 30168).

The workers’ firm is engaged in activities related to
the supply of life insurance services. Specifically, the workers
reside within two separately identified groups, within the workers’
firm, identified as New Business Application Entry Group (TA-W-85,145)
and New Business Indexing (TA-W-85,145A) (herein referred to as “New
Business”). Both groups identified include on-site leased workers for
Kelly Services.

Based on information reviewed during the statutory reconsideration
investigation, the Department of Labor determines that the workers’
separations were caused by the workers’ firm shifting like or directly
competitive services to 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
shifted to a foreign country the supply of a service like or directly
competitive with the service supplied by the workers which contributed
importantly to worker group separations at AXA Equitable Life Insurance
Company, New Business.

Conclusion

After careful review, I determine that workers of AXA Equitable Life
Insurance Company, a subsidiary of AXA Financial, Inc., New Business
Application Entry Group, including on-site leased workers from Kelly
Services, Charlotte, North Carolina (TA-W-85,145) and AXA Equitable
Life Insurance Company, a subsidiary of AXA Financial, Inc., New Business
Indexing Group, including on-site leased workers from Kelly Services,
Charlotte, North Carolina (TA-W-85,145A) who are engaged in activities
related to the supply of life 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 AXA Equitable Life Insurance Company, a subsidiary of
AXA Financial, Inc., New Business Application Entry Group, including
on-site leased workers from Kelly Services, Charlotte, North Carolina
(TA-W-85,145) and AXA Equitable Life Insurance Company, a subsidiary of
AXA Financial, Inc., New Business Indexing Group, including on-site
leased workers from Kelly Services, Charlotte, North Carolina
(TA-W-85,145A) who became totally or partially separated from
employment on or after March 5, 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 20th day of August, 2015


/s/Hope D. Kinglock
______________________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance




DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,145

AXA EQUITABLE LIFE INSURANCE COMPANY
A SUBSIDIARY OF AXA FINANCIAL, INC.
INCLUDING ON-SITE LEASED WORKERS OF KELLY SERVICES
CHARLOTTE, NORTH CAROLINA

Notice of Negative Determination
Regarding Application for Reconsideration

By application dated May 5, 2014, a worker requested administrative
reconsideration of the Department of Labor's negative determination
regarding eligibility to apply for worker adjustment assistance,
applicable to workers and former workers of AXA Equitable Life
Insurance Company, a subsidiary of AXA Financial, Inc., Charlotte,
North Carolina (subject firm). The Department’s Notice of
determination was published in the Federal Register on May 5,
2014 (79 FR 25625).
Pursuant to 29 CFR 90.18(c) reconsideration may be granted under
the following circumstances:
(1) If it appears on the basis of facts not previously
considered that the determination complained of
was erroneous;
(2) If it appears that the determination complained of
was based on a mistake in the determination of facts
not previously considered; or
(3) If in the opinion of the Certifying Officer, a mis-
interpretation of facts or of the law justified
reconsideration of the decision.

The negative determination was based on the Department’s findings
that the subject firm does not produce an article, within the
meaning of the Trade Act of 1974, as amended.

The request for reconsideration stated that services supplied
by the subject workers shifted to a foreign country.

The petitioner did not supply facts not previously considered;
nor provide additional documentation indicating that there was
either 1) a mistake in the determination of facts not previously
considered or 2) a misinterpretation of facts or of the law
justifying reconsideration of the initial determination. Based
on these findings, the Department determines that 29 CFR
90.18(c) has not been met.

Conclusion

After careful review of the application and investigative findings,
I conclude that there has been no error or misinterpretation of
the law or of the facts which would justify reconsideration of
the Department of Labor's prior decision. Accordingly, the
application is denied.

Signed in Washington, D.C., this 15th day of May, 2014

/s/ Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
4510-FN-P



DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-85,145

AXA EQUITABLE LIFE INSURANCE COMPANY
A SUBSIDIARY OF AXA FINANCIAL, INC.
INCLUDING ON-SITE LEASED WORKERS OF KELLY SERVICES
CHARLOTTE, NORTH CAROLINA

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 13, 2014 on behalf of workers of AXA Equitable Life
Insurance Company, a subsidiary of AXA Financial, Inc., including
on-site leased workers of Kelly Services, Charlotte, North
Carolina. The workers' firm is engaged in activities related to
the supply of insurance and related financial services.
The petitioner alleged that worker separations were caused
by a shift of services to a foreign country. During the course of
the investigation, information was collected from the workers'
firm.
The investigation revealed that AXA Equitable Life Insurance
Company, a subsidiary of AXA Financial, Inc., Charlotte, North
Carolina, 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
insurance and related financial 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 all workers of AXA Equitable Life
Insurance Company, a subsidiary of AXA Financial, Inc., including
on-site leased workers of Kelly Services, Charlotte, North
Carolina, engaged in activities related to the supply of
insurance and related financial 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 3rd day of April, 2014.

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