DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-93,431

OPTUM SERVICES INC., UNITEDHEALTH GROUP
INFRASTRUCTURE PLATFORM AUTOMATION TEAM
A PART OF THE ENTERPRISE ENGINEERING SERVICES DIVISION
HARTFORD, CONNECTICUT


Amended Certification 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
issued a Certification of Eligibility to Apply for Worker
Adjustment Assistance on June 15, 2018, applicable to workers of
Optum Services Inc., UnitedHealth Group, Infrastructure
Platform Automation team, a part of the Enterprise Engineering
Services division, Hartford, Connecticut.
At the request of a state workforce official, the
Department reviewed the certification for workers of the subject
firm. The workers are engaged in technology services. The
subject worker group is engaged in activities related to the
supply of implementation and support services.
A state workforce official reports that the worker group that
was the subject of the investigation for TA-W-91,317 is different
from the worker group that is the subject of this investigation
(TA—W-93,431) and that this means that the workers of the subject
firm should have a revised impact date of January 17, 2017 (one
year prior to the petition filing date of TA-W-93,431) instead of
February 21, 2018 (one day after the expiration of TA-W-91,317).
The Department reviewed new and existing information and found
that the worker group that was the subject of TA-W-91,317 is
different from the worker group that is the subject of this
investigation (TA—W-93,431).
The amended notice applicable to TA-W-93,431 is hereby
issued as follows:
"All workers of Optum Services Inc., UnitedHealth
Group, Infrastructure Platform Automation team, a
part of the Enterprise Engineering Services division,
Hartford, Connecticut who became totally or partially
separated from employment on or after January 17, 2017
through June 15, 2020, and all workers in the group
threatened with total or partial separation from
employment on 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 25th day of July, 2018.

/s/Jessica R. Webster
__________________________________
JESSICA R. WEBSTER
Certifying Officer, Office of
Trade Adjustment Assistance


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-93,431

OPTUM SERVICES INC., UNITEDHEALTH GROUP
INFRASTRUCTURE PLATFORM AUTOMATION TEAM
A PART OF THE ENTERPRISE ENGINEERING SERVICES DIVISION
HARTFORD, CONNECTICUT

Notice of Revised Determination
on Reconsideration


On May 4, 2018, the Department of Labor issued an Affirmative
Determination Regarding Application for Reconsideration for the
workers and former workers of Optum Services Inc., UnitedHealth
Group, Infrastructure Platform Automation team, a part of the
Enterprise Engineering Services division, Hartford, Connecticut.
The workers’ firm is engaged in activities related to the supply of
technology services. The subject worker group is engaged in
activities related to the supply of implementation and support
services.
The subject firm was previously certified eligible to apply
for Trade Adjustment Assistance (TAA) under TA-W-91,317
(certification expired on February 21, 2018).
The request for reconsideration asserted that Optum-
Enterprise Engineering Services was impacted by a shift in
services to India and is a Downstream Producer of UnitedHealth
Group.

Based on additional information provided during the
reconsideration investigation, the Department of Labor
determines that the subject workers meet the worker group
certification criteria under Section 222(a) of the Act.
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(n) service like or
directly competitive with the service supplied by the workers which
contributed importantly to worker group separations at Optum
Services Inc., UnitedHealth Group, Infrastructure Platform
Automation team, a part of the Enterprise Engineering Services
division, Hartford, Connecticut.
Conclusion
After careful review of the additional facts obtained on
reconsideration, I determine that workers of Optum Services Inc.,
UnitedHealth Group, Infrastructure Platform Automation team, a
part of the Enterprise Engineering Services division, Hartford,
Connecticut, who were engaged in employment related to the supply
of implementation and 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 Optum Services Inc., UnitedHealth Group,
Infrastructure Platform Automation team, a part of the
Enterprise Engineering Services division, Hartford,
Connecticut who became totally or partially separated from
employment on or after February 22, 2018, through two years
from the date of this certification, and all workers in the
group threatened with total or partial separation from
employment on 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 15th day of June, 2018

/s/Jessica R. Webster
_____________________________
JESSICA R. WEBSTER
Certifying Officer, Office of
Trade Adjustment Assistance





U.S. DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-93,431

OPTUM SERVICES INC., UNITEDHEALTH GROUP
INFRASTRUCTURE PLATFORM AUTOMATION TEAM
ENTERPRISE ENGINEERING SERVICES DIVISION
HARTFORD, CONNECTICUT


Notice of Affirmative Determination
Regarding Application for Reconsideration

By application dated March 29, 2018, a former 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 Optum
Services Inc., UnitedHealth Group, Infrastructure Platform
Automation Team, Enterprise Engineering Services Division,
Hartford, Connecticut (Optum-Enterprise Engineering Services). The
determination was issued on March 6, 2018. The Department’s Notice of
determination has yet to be published in the Federal Register.
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 request for reconsideration asserted that Optum-Enterprise
Engineering Services was impacted by a shift in services to India
and is a Downstream Producer of UnitedHealth Group.
The Department 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,
as amended.
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 4th day of May, 2018

/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-93,431

OPTUM SERVICES INC., UNITEDHEALTH GROUP
INFRASTRUCTURE PLATFORM AUTOMATION TEAM
ENTERPRISE ENGINEERING SERVICES DIVISION
HARTFORD, CONNECTICUT

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 January 18, 2018 by a state workforce office on behalf
of workers of Optum Services Inc., UnitedHealth Group,
Infrastructure Platform Automation team, which is a part of the
Enterprise Engineering Services division, Hartford, Connecticut
("Optum Services Inc., UnitedHealth Group"). The workers' firm
is engaged in activities related to the supply of technology
services. The subject worker group is engaged in activities
related to the supply of around-the-clock implementation and
support services of specific middleware vendor products.
The petition alleged that, U.S. jobs were being
eliminated and done by overseas employees.
During the course of the investigation, information was
collected from the workers' firm, the petitioner, and a
dislocated worker.
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed that Optum Services Inc., UnitedHealth
Group did not import around-the-clock implementation and support
services of specific middleware vendor products or services like
or directly competitive in 2016 or 2017.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the Optum Services, Inc.,
UnitedHealth Group did not shift the supply of around-the-clock
implementation and support services of specific middleware
vendor products or like or directly competitive services to a
foreign country or acquire around-the-clock implementation and
support services of specific middleware vendor products or like
or directly competitive services from a foreign country. Optum
Services Inc., UnitedHealth Group confirmed that the services
remained within the United States.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that Optum Services Inc., UnitedHealth
Group is not a Supplier 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).
With respect to Section 222(b)(2) of the Act, the
investigation revealed that Optum Services Inc., UnitedHealth
Group does not act as a 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 for Optum Services Inc.,
UnitedHealth Group, Infrastructure Platform Automation team,
which is a part of the Enterprise Engineering Services division,
Hartford, Connecticut, who are engaged in activities related to
the supply of around-the-clock implementation and support
services of specific middleware vendor products to apply for
adjustment assistance, in accordance with Section 223 of the
Act, 19 U.S.C. § 2273.
Signed in Washington, D.C. this 6th day of March 2018.

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