Petitioner Type: Workers
Impact Date: 11/12/2013
Filed Date: 11/13/2014
Most Recent Update: 08/06/2015
Determination Date: 08/06/2015
Expiration Date: 08/06/2017
Employment and Training Administration
TA-W-85,642
METLIFE GROUP, INC.
EI&A SERVICE MANAGEMENT GROUP
CLARKS SUMMIT, PENNSYLVANIA
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 November 13, 2014, resulted
in a negative determination, issued on December 22, 2014, that was based
on a finding that the firm does not produce an article. The determination
was applicable to workers and former workers of MetLife Group, Inc., EI&A
Service Management Group, Clarks Summit, Pennsylvania. The workers’
firm is engaged in activities related to the supply of information
technology (IT) services.
Based on information reviewed during the reconsideration
investigation, the Department of Labor determines that that the
subject firm shifted the supply of IT 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 IT service supplied by the workers which contributed
importantly to worker group separations at MetLife Group, Inc., EI&A
Service Management Group, Clarks Summit, Pennsylvania.
Conclusion
After careful review, I determine that workers of Metlife Group,
Inc., EI&A Service Management Group, Clarks Summit, Pennsylvania, who are
engaged in activities related to the supply of information technology
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 Metlife Group, Inc., EI&A Service Management
Group, Clarks Summit, Pennsylvania who became totally or partially
separated from employment on or after November 12, 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 6th day of August, 2015
/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
U.S. DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-85,642
METLIFE GROUP, INC.
EI&A SERVICE MANAGEMENT GROUP
CLARKS SUMMIT, PENNSYLVANIA
Notice of Affirmative Determination
Regarding Application for Reconsideration
By application dated January 28, 2015 a worker requested requested
administrative reconsideration of the negative determination
regarding workers’ eligibility to apply for worker adjustment
assistance applicable to workers and former workers of Metlife
Group, Inc., EI&A Service Management Group, Clarks Summit,
Pennsylvania. The determination was issued on December 22, 2014
and the Notice of Determination was published in the Federal
Register on January 23, 2015 (80 FR 3655).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
misinterpretation of facts or of the law justified
reconsideration of the decision.
The initial investigation resulted in a negative determination
based on the findings that subject firm does not produce an article
within the meaning of Section 222(a) or Section 222(b) of the Trade
Act of 1074, as amended.
The request for reconsideration asserts that the subject
worker group designed, built and maintained data models.
The Department of Labor has carefully reviewed the request for
reconsideration and the existing record, and has determined that
the Department will conduct further investigation to determine if
the workers meet the eligibility requirements of the Trade Act of 1974.
Conclusion
After careful review of the application, I conclude that
the claim is of sufficient weight to justify reconsideration of
the U.S. Department of Labor's prior decision. The application
is, therefore, granted.
Signed at Washington, D.C., this 26th day of March, 2015
/S/MICHAEL w. JAFFE
_______________________________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-85,642
METLIFE GROUP, INC.
EI&A SERVICE MANAGEMENT GROUP
CLARKS SUMMIT, 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 November 13, 2014 on behalf of workers of Metlife Group,
Inc., EI&A Service Management Group, Clarks Summit, Pennsylvania.
The workers' firm is engaged in activities related to the supply of
information technology 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 Metlife Group, Inc., EI&A
Service Management Group, Clarks Summit, 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
information technology 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 Metlife Group, Inc.,
EI&A Service Management Group, Clarks Summit, Pennsylvania, engaged
in activities related to the supply of information technology
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 22nd day of December 2014.
/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance