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TAW-95706A  /  Anthem, Inc. (Indianapolis, IN)

Petitioner Type: State
Impact Date: 02/20/2019
Filed Date: 02/20/2020
Most Recent Update: 01/23/2021
Determination Date: 01/23/2021
Expiration Date: 01/23/2023

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-95,706

ANTHEM, INC.

ENTERPRISE CLIENT/IT DIVISION

INCLUDING ON-SITE LEASED WORKERS FROM

RANDSTAD NORTH AMERICA, LP; PYRAMID CONSULTANT, INC.;

JUDGE MEDICAL STAFFING; AND CEI STAFFING

INDIANAPOLIS, INDIANA

TA-W-95,706A

ANTHEM, INC.

BENEFITS ADMINISTRATION FOR NATIONAL ACCOUNTS DIVISION

INCLUDING ON-SITE LEASED WORKERS FROM

RANDSTAD NORTH AMERICA, LP; PYRAMID CONSULTANT, INC.;

JUDGE MEDICAL STAFFING; AND CEI STAFFING

INDIANAPOLIS, INDIANA

TA-W-95,706B

ANTHEM, INC.

PROJECT MANAGEMENT FOR SPECIALTY BUSINESS DIVISION

INCLUDING ON-SITE LEASED WORKERS FROM

RANDSTAD NORTH AMERICA, LP; PYRAMID CONSULTANT, INC.;

JUDGE MEDICAL STAFFING; AND CEI STAFFING

INDIANAPOLIS, INDIANA

Determinations 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).

(ii)

The investigation was initiated in response to a petition
filed on February 20, 2020 by a State Workforce Office on behalf
of workers of Anthem, Inc., Enterprise Client/IT division,
including on-site leased workers from Randstad North America,
LP; Pyramid Consultant, Inc.; Judge Medical Staffing; and CEI
Staffing, Indianapolis, Indiana (TA-W-95,706); Anthem, Inc.,
Benefits Administration for National Accounts division,
including on-site leased workers from Randstad North America,
LP; Pyramid Consultant, Inc.; Judge Medical Staffing; and CEI
Staffing, Indianapolis, Indiana (TA-W-95,706A); and Anthem,
Inc., Project Management for Specialty Business division,
including on-site leased workers from Randstad North America,
LP; Pyramid Consultant, Inc.; Judge Medical Staffing; and CEI
Staffing, Indianapolis, Indiana (TA-W-95,706B) (hereby referred
to as "Anthem, Inc.").

The worker group is engaged in activities related to the
supply of IT support services "“ supporting system testing,
maintenance, users and delivery (TA-W-95,706); claims services
- reviewing benefit inquiries and processes claims (TA-W-
95,706A); and project management services - manages strategy
related projects for specialty business (TA-W-95,706B).

During the course of the investigation, information was
collected from the workers' firm and the petitioner.

TA-W-95,706

With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed that imports of services like or directly
competitive with the services supplied by Anthem, Inc. have not
increased. Imports were not reported by the workers' firm.

With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the firm did not shift the supply of
IT support services or like or directly competitive services to
a foreign country or acquire IT support services or like or
directly competitive services from a foreign country.

With respect to Section 222(b)(2) of the Act, the
investigation revealed that Anthem, Inc. is not a Supplier, or
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.

TA-W-95,706A

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 Anthem,
Inc.

TA-W-95,706B

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 such
workers' firm, have not become totally or partially separated, nor
are they threatened to become totally or partially separated. Only
one worker was separated within the period relevant to the
investigation. Threats of separations were not reported.

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 workers of Anthem, Inc., Benefits
Administration for National Accounts division, including on-
site leased workers from Randstad North America, LP; Pyramid
Consultant, Inc.; Judge Medical Staffing; and CEI Staffing,
Indianapolis, Indiana (TA-W-95,706A) engaged in activities
related to the supply of claims 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 Anthem, Inc., Benefits Administration for
National Accounts division, including on-site leased workers
from Randstad North America, LP; Pyramid Consultant, Inc.;
Judge Medical Staffing; and CEI Staffing, Indianapolis,
Indiana (TA-W-95,706A), who became totally or partially
separated from employment on or after February 20, 2019
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."

Additionally, 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 Anthem, Inc.,
Enterprise Client/IT division, including on-site leased workers
from Randstad North America, LP; Pyramid Consultant, Inc.; Judge

Medical Staffing; and CEI Staffing, Indianapolis, Indiana (TA-
W-95,706) engaged in activities related to the supply of IT
support services and Anthem, Inc., Project Management for
Specialty Business division, including on-site leased workers
from Randstad North America, LP; Pyramid Consultant, Inc.; Judge
Medical Staffing; and CEI Staffing, Indianapolis, Indiana (TA-
W-95,706B) engaged in activities related to the supply of project
management services, to apply for adjustment assistance, in
accordance with Section 223 of the Act, 19 U.S.C. § 2273.

Signed in Washington, D.C. this 23rd day of January, 2021


/s/ Hope D. Kinglock
_______________________
HOPE D. KINGLOCK

Certifying Officer, Office of

Trade Adjustment Assistance