DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-92,767

OCWEN FINANCIAL CORPORATION
INDIRECT WHOLLY-OWNED SUBSIDIARY OF OCWEN LOAN SERVICING, LLC
INDIRECT WHOLLY-OWNED SUBSIDIARY OF HOMEWARD RESIDENTIAL
HOUSTON, TEXAS

Notice of Negative Determination
Regarding Application for Reconsideration

By application dated August 8, 2017, 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
Ocwen Financial Corporation, indirect wholly-owned subsidiary of
Ocwen Loan Servicing, LLC, indirect wholly-owned subsidiary of
Homeward Residential, Houston, Texas. The determination was
issued on July 17, 2017. The Department’s Notice of determination
was published in the Federal Register on September 28, 2017 (82 FR
45306).
Members of the petitioning worker group who experience(d)
total or partial separations, or are threatened with such
separation, June 10, 2015 through July 8, 2018 may be eligible to
apply for Trade Adjustment Assistance (TAA) under TA-W-91,914C
(amended certification issued on October 13, 2017).
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 applicable to workers and former
workers at Ocwen Financial Corporation, Houston, Texas, was based
on the Department’s findings of no increased imports of like or
directly competitive services during the relevant period when
compared to the representative base period and no
shift/acquisition by Ocwen Financial Corporation in the supply
of such services to/from a foreign country.
The request for reconsideration stated that workers of the
subject firm should be eligible to apply for TAA because “Ocwen
has increased their Mortgage Loan import of services, and now are
being handled in a foreign country. With respect to Section 222
(a)(2)(B) of the Act, the Commercial loan origination, servicing,
and support service was not shift, but our group was never
servicing the Commercial department, only the Mortgage Loan
Department, which was shift to a foreign country.” The request
for reconsideration further asserts that “with respect to Section
222 (b) of the Act, they never received a certification of
eligibility, in that aspect, they received the following
proposals: a) the worker group was to be hired at another
location as in Coppell as a “Customer Service” in Mortgage Loan,
but they had to apply as a new worker, not transfer.; b) To wait a
substantial period of time to be considered for the Customer
Service position in the Commercial Department, in the same office
as soon as there was a vacancy available.”
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 24th day of October, 2017

/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-92,767

OCWEN FINANCIAL CORPORATION
INDIRECT WHOLLY-OWNED SUBSIDIARY OF OCWEN LOAN SERVICING, LLC
INDIRECT WHOLLY-OWNED SUBSIDIARY OF HOMEWARD RESIDENTIAL
HOUSTON, TEXAS


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 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.

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.

Section 222(c) of the Act, 19 U.S.C. § 2272(c), defines the
terms "Supplier" and "Downstream Producer."
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 March 28, 2017, by a State Workforce Office on behalf
of workers of Ocwen Financial Corporation, indirect wholly-
owned subsidiary of Owen Loan Servicing, LLC, and indirect
wholly owned subsidiary of Homeward Residential, Houston,
Texas (Ocwen Financial Corporation). Workers of Ocwen
Financial Corporation are engaged in activities related to the
supply of commercial loan origination, servicing, and support
services. The subject worker group does not include on-site
leased workers.
The petition states "The work performed by the impacted
employees is now done offshore. . . ."
During the course of the investigation, information was
collected from the workers' firm.
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed that that Criterion (2)(A)(ii) has not
been met because imports of services like or directly
competitive with the commercial loan origination, servicing, and
support services supplied by Ocwen Financial Corporation have
not increased during the relevant period.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that Ocwen Financial Corporation did not
shift the supply of commercial loan origination, servicing,
and support services, or like or directly competitive
services, to a foreign country or acquire the supply of such
services from a foreign country.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that Ocwen Financial Corporation is not
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).
Finally, the group eligibility requirements under Section
222(e) of the Act, have not been satisfied either because
Criterion (1) has not been met since the workers' firm 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.
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 Ocwen Financial
Corporation, indirect wholly-owned subsidiary of Ocwen Loan
Servicing, LLC, and indirect wholly owned subsidiary of
Homeward Residential, Houston, Texas, to apply for adjustment
assistance, in accordance with Section 223 of the Act, 19 U.S.C.
§ 2273.
Signed in Washington, D.C. this 17th day of July 2017.
/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance