UNITED STATES DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-96,613

VHS SAN ANTONIO PARTNERS, LLC DBA BAPTIST HEALTH SYSTEMS
PROCUREMENT DEPARTMENT, AN INDIRECT WHOLLY-
OWNED SUBSIDIARY OF TENET HEALTHCARE CORPORATION
SAN ANTONIO, TEXAS

Certification Regarding Eligibility
To Apply for Trade Adjustment Assistance for Workers

In accordance with Section 223 of the Trade Act of 1974, as amended (“the Act”), 19 U.S.C.
§ 2273, the Department of Labor (“Department”) herein presents the results of an investigation
regarding certification of eligibility to apply for Trade Adjustment Assistance (“TAA”) for workers.
The investigation was initiated in response to a TAA petition dated November 16, 2020 and
filed on November 17, 2020 by a State Workforce Office, on behalf of workers and former workers
of VHS San Antonio Partners, LLC dba Baptist Health Systems, Procurement Department, an
indirect wholly-owned subsidiary of Tenet Healthcare Corporation, San Antonio, Texas (hereafter
referred to as the “worker group”). In accordance with 20 C.F.R. 618.110 a worker group is defined
as, “…inclusive of teleworkers and staffed workers.” The investigation revealed that the location
provided by the petitioner concerning the group of workers the subject of the investigation was
incorrect. Further information from the petitioner revealed that the group of workers were located
in San Antonio, Texas and not New Braunfels, Texas.
The worker group is engaged in activities related to the supply of healthcare services and
are not separately identifiable by service.
The petition alleged that worker separations, or threats thereof, were due to foreign trade
because, adversely affected worker notified the State office that all buyer positions were laid off
on 9/25/20. The worker was told that the jobs were being outsourced to the Philippines. Worker
believed that this affected 8 workers.
During the course of the investigation, the Department collected information from the
petitioner(s), the workers’ firm, and other relevant sources.
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:
Employment Criterion
(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.
20 C.F.R. 618.225(b)(2)(i)(B) states that an “analysis of separation data must generally
consist of a: “(1) Comparison of employment on the petition date to employment on the date that is
1 year prior to the petition date; (2) Review of employment activity during the 1-year period prior
to the petition date; and (3) Review of evidence provided by the workers’ firm regarding actual and
threatened separations that occur, or are scheduled to occur, after the petition date.”
The Department determines that the employment criterion has been met.
Shift/Acquisition Criterion
(2)(B)(i)(I) there has been a shift by the workers’ firm to a foreign country in the production
of articles or the supply of services like or directly competitive with articles which
are produced or services which are supplied by such firm; or
(II) such workers’ firm has acquired from a foreign country articles or services that
are like or directly competitive with articles which are produced or services which
are supplied by such firm;
According to 20 C.F.R. 618.225(b)(2)(ii)(B), “Analysis of shift data must generally consist
of a: (1) Comparison of shift/acquisition data on the petition date to shift/acquisition data that is
1 year prior to the petition date; (2) Review of shift/acquisition activity during the 1-year period
prior to the petition date; and (3) Review of evidence provided by the workers’ firm regarding shift/
acquisition activity scheduled to occur after the petition date.”
The Department determines that the shift criterion has been met.
Contributed Importantly Criterion
(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.
Sec. 222(c) of the Trade Act and 20 C.F.R. 618.110 defines contributed importantly as “a
cause that is important but not necessarily more important than any other cause.”
According to 20 C.F.R. 618.225(b)(2)(iii), “(A) Analysis of impact of shift activity on
worker separations must generally consist of determining: (1) Whether there are one or more events
or factors that sever or lessen the causal nexus between the shift activity and worker separations
or threat of separation; (2) What percentage of the workers’ firm sales or production declines was
attributable to the firm’s shift activity; (3) Whether operations at the workers’ firm domestic facility
or facilities decreased at the same or at a greater rate than operations at the foreign facility or
facilities; and (4) Whether there are other events or factors that mitigate or amplify the impact
of shift activity on the workers’ firm. (B) The impact may be determined using a quantitative or
qualitative analysis.”
The Department determines that the contributed importantly criterion has been met.
Conclusion
After careful review of the facts obtained in the investigation, I determine that workers of
VHS San Antonio Partners, LLC dba Baptist Health Systems, Procurement Department, an indirect
wholly-owned subsidiary of Tenet Healthcare Corporation, San Antonio, Texas, who are engaged
in activities related to the supply of healthcare 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 VHS San Antonio Partners, LLC dba Baptist Health Systems, Procurement
Department, an indirect wholly-owned subsidiary of Tenet Healthcare Corporation, San
Antonio, Texas, who became totally or partially separated from employment on or after
November 16, 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.”
Signed in Washington, D.C. this 18th day of December, 2020.


__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
/s/ HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance