DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-93,573

THE GUARDIAN LIFE INSURANCE COMPANY OF AMERICA
INDIVIDUAL MARKETS-BUSINESS ADMINISTRATION
AND CONTROLS DIVISION
UNDERWRITING OPERATION AND NEW BUSINESS SERVICE
INCLUDING ON-SITE LEASED WORKERS FROM KELLY SERVICES
PITTSFIELD, MASSACHUSETTS

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
herein presents the results of an investigation regarding
certification of eligibility to apply for worker adjustment
assistance.
The group eligibility requirements for workers of a firm
under Section 222(a) of the Act, 19 U.S.C. § 2272(a), are
satisfied if the following criteria are met:
(1) 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;
(2)(B)(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/acquisition must have contributed
importantly to the workers' separation or
threat of separation.

The investigation was initiated in response to a petition
filed on February 23, 2018 by a state workforce office on
behalf of workers of The Guardian Life Insurance Company of
America, Individual Markets-Business Administration and
Controls division, Underwriting Operation and New Business
Service, Pittsfield, Massachusetts (The Guardian Life
Insurance Company of America). The workers' firm is engaged in
activities related to the supply of set up and installation of
an insurance case through claims and customer support on
behalf of the Individual Markets division services. The
subject worker group includes on-site leased workers from Kelly
Services. The investigation revealed that the "Application
Department/Division" as notated within the petition filing did
not exist. Several conversations with the workers' firm and the
petitioner lead to the correct articulation/reconciliation of
the worker group as aforementioned.
During the course of the investigation, information was
collected from the workers' firm and the petitioner.
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 The Guardian Life Insurance Company of America.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of The Guardian Life
Insurance Company of America, Individual Markets-Business
Administration and Controls division, Underwriting Operation
and New Business Service, including on-site leased workers
from Kelly Services, Pittsfield, Massachusetts, who are engaged
in activities related to the supply of set up and installation
of an insurance case through claims and customer support on
behalf of the Individual Markets division 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 The Guardian Life Insurance Company of
America, Individual Markets-Business Administration and
Controls division, Underwriting Operation and New
Business Service, including on-site leased workers from
Kelly Services, Pittsfield, Massachusetts, who became
totally or partially separated from employment on or after
February 20, 2017, 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 29th day of March 2018.

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