DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-92,494

HEALTH CARE SERVICE CORPORATION
BENEFIT BOOKLETS BPO-OK DEPARTMENT
TULSA, OKLAHOMA

TA-W-92,494A

HEALTH CARE SERVICE CORPORATION
OPERATIONS SUPPORT SERVICES DIVISION
SMALL GROUP SERVICE OPERATIONS DEPARTMENT
CONTRACT ADMINISTRATION GROUP
RICHARDSON, TEXAS

Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance
And Negative Determination Regarding Eligibility
To Apply for Worker 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), (b)
or (e) of Section 222 of the Act, 19 U.S.C. § 2272(a), (b) and
(e). 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 the workers' firm
must have become totally or partially separated or be
threatened with total or partial separation.

(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) (I) imports of articles or services like or directly
competitive with articles or services produced or
supplied by the workers' firm have increased, OR
(II)(aa) imports of articles like or directly
competitive with articles into which the
component part produced by the workers' firm was
directly incorporated have increased; OR
(II)(bb) imports of articles like or directly
competitive with articles which are produced
directly using the services supplied by the
workers' firm have increased; OR
(III) imports of articles directly incorporating
component parts not produced in the U.S. that are
like or directly competitive with the article
into which the component part produced by the
workers' firm was directly incorporated have
increased; AND
(iii) the increase in imports 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.

(B) Shift in Production or Supply Path:
(i)(I) there has been a shift by the workers' firm to a
foreign country in the production of articles or
supply of services like or directly competitive with
those produced/supplied by the workers' firm; OR
(II) there has been an acquisition from a foreign
country by the workers' firm of articles/services that
are like or directly competitive with those
produced/supplied by the workers' firm; and
(ii) the shift described in clause (i)(I) or the
acquisition of articles or services described in
clause (i)(II) contributed importantly to such
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." 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 or
service 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.

Workers of a firm may also be considered eligible if they
are publicly identified by name by the International Trade
Commission as a member of a domestic industry in an
investigation resulting in a category of determination that is
listed in Section 222(e) of the Act, 19 U.S.C. § 2272(e).
The group eligibility requirements for workers of a firm
under Section 222(e) of the Act, 19 U.S.C. § 2272(e), can be
satisfied if the following criteria are met:
(1) the workers' firm is publicly identified by name by
the International Trade Commission as a member of a
domestic industry in an investigation resulting in--
(A) an affirmative determination of serious injury or
threat thereof under section 202(b)(1);
(B) an affirmative determination of market disruption
or threat thereof under section 421(b)(1); or
(C) an affirmative final determination of material
injury or threat thereof under section
705(b)(1)(A) or 735(b)(1)(A) of the Tariff Act of
1930 (19 U.S.C. 1671d(b)(1)(A) and
1673d(b)(1)(A));

(2) the petition is filed during the 1-year period
beginning on the date on which--
(A) a summary of the report submitted to the
President by the International Trade Commission
under section 202(f)(1) with respect to the
affirmative determination described in paragraph
(1)(A) is published in the Federal Register under
section 202(f)(3); or
(B) notice of an affirmative determination described
in subparagraph (1) is published in the Federal
Register; and

(3) the workers have become totally or partially
separated from the workers' firm within--
(A) the 1-year period described in paragraph (2); or
(B) notwithstanding section 223(b), the 1-year
period preceding the 1-year period described in
paragraph (2).

The investigation was initiated in response to a petition
filed on December 16, 2016 by the State Workforce Office on
behalf of workers of Health Care Service Corporation, Benefit
Booklets BPO-OK Department, Tulsa, Oklahoma (TA-W-92,494) and
Health Care Service Corporation, Operations Support Services
Division, Small Group Service Operation Department, Contract
Administration Group, Richardson, Texas (TA-W-92,494A). Health
Care Service Corporation is engaged in activities related to the
supply of health insurance. Workers within Benefit Booklets
BPO-OK Department, Tulsa, Oklahoma (TA-W-92,494) are engaged
in the production of certificate booklets. Workers within
Operations Support Services Division, Small Group Service
Operation Department, Contract Administration Group,
Richardson, Texas (TA-W-92,494A) are engaged in activity
related to the supply of clerical, administrative, and
broker/group customer service support to Health Care Service
Corporation's small group sales and marketing organization.
The subject worker groups do not include on-site leased workers.
The petitioner alleged "The entire Contract
Administration Department was outsourced to India. The current
petition 92171 only covers workers in Chicago. The worker
group in Texas and Oklahoma were not covered and are
requesting to be added to 92171."
During the course of the investigation, information was
collected from the workers' firm.
TA-W-92,494
The investigation revealed that workers of Health Care
Service Corporation, Benefit Booklets BPO-OK Department,
Tulsa, Oklahoma do not meet the criteria for certification.
With respect to Section 222(a) and Section 222(b) of the
Act, the investigation revealed that Criterion (1) has not been
met because a significant number or proportion of the workers in
Health Care Service Corporation, Benefit Booklets BPO-OK
Department, Tulsa, Oklahoma, have not become totally or
partially separated, nor are they threatened to become totally
or partially separated. Specifically, fewer than three workers
within Health Care Service Corporation, Benefit Booklets BPO-OK
Department, Tulsa, Oklahoma have been totally or partially
separated, or threatened with total or partial separation.
In addition, the group eligibility requirements under
Section 222(e) of the Act, have not been satisfied because
Health Care Service Corporation has not been publicly identified
by name by the International Trade Commission as a member of a
domestic industry in an investigation resulting in an
affirmative finding of serious injury, market disruption, or
material injury, or threat thereof.
TA-W-92,494A
The investigation revealed that workers of Health Care
Service Corporation, Operations Support Services Division, Small
Group Service Operation Department, Contract Administration
Group, Richardson, Texas, meet the criteria for certification.
Section 222(a)(1) has been met because a significant number
or proportion of the workers in Health Care Service Corporation,
Operations Support Services Division, Small Group Service
Operation Department, Contract Administration Group, Richardson,
Texas, 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(n) services
like or directly competitive with the clerical, administrative,
and broker/group customer service support services supplied by
the subject workers which contributed importantly to worker
group separations at Health Care Service Corporation, Operations
Support Services Division, Small Group Service Operation
Department, Contract Administration Group, Richardson, Texas.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that the requirements of Section 222
of the Act, 19 U.S.C. § 2272, have not been met and, therefore,
deny the petition for group eligibility of Health Care Service
Corporation, Benefit Booklets BPO-OK Department, Tulsa,
Oklahoma (TA-W-92,494) to apply for adjustment assistance, in
accordance with Section 223 of the Act, 19 U.S.C. § 2273.
Furthermore, I determine that workers of Health Care
Service Corporation, Operations Support Services Division, Small
Group Service Operation Department, Contract Administration
Group, Richardson, Texas (TA-W-92,494A) who are engaged in
activities related to the supply of clerical, administrative,
and broker/group customer service support 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 Health Care Service Corporation, Operations
Support Services Division, Small Group Service Operation
Department, Contract Administration Group, Richardson,
Texas (TA-W-92,494A), who became totally or partially
separated from employment on or after December 16, 2015,
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 9th day of March 2017.
/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance