Home     Contact Us    
Main Board Job Seeker's Board Job Wanted Board Resume Bank Company Board Word Help M*Modal Nuance New MTs Classifieds Offshore Concerns VR/Speech Recognition Tech Help Coding/Medical Billing
Gab Board Politics Comedy Stop Games Faith Board Prayer Requests Health Issues

ADVERTISEMENT



Nuance Today's Top Viewed: Integrity.. (Views: 48)

NUANCE TAA DECISION 85858 - badazmt

Posted: Sep 14th, 2017 - 7:46 pm

TAA Decision 85858

Note: Determinations for this case number, this case number with an alphabetic suffix, and any appeals or amendments appear below.

        DEPARTMENT OF LABOR

	Employment and Training Administration

TA-W-85,858

TRANSCEND SERVICES, INC.
A DIVISION OF NUANCE COMMUNICATIONS, INC.
ATLANTA, GEORGIA

TA-W-85,858A

TRANSCEND SERVICES, INC.
A DIVISION OF NUANCE COMMUNICATIONS, INC.
BURLINGTON, MASSACHUSETTS

	Notice of Revised Determination
	After Statutory Reconsideration

      As required by the Trade Adjustment Assistance Reauthorization 
Act of 2015 (TAARA 2015), which was enacted as Title IV of the 
Trade Preferences Extension Act of 2015, Public Law No. 114-27, 
section 405(a)(1)(A), the investigation into this petition was 
reopened for a reconsideration investigation to apply the 
requirements for worker group eligibility under chapter 2 of title 
II of the Trade Act of 1974, as amended by the TAARA 2015, to the 
facts of this petition (statutory reconsideration). 
	The initial investigation, initiated February 28, 2015, 
resulted in a negative determination, issued on March 20, 2015, 
that was based on the firm not producing an article. The 
determination was applicable to workers and former workers of 
Transcend Services, Inc., a division of Nuance Communications, 
Inc., Atlanta, Georgia, engaged in activities related to the 
supply of medical transcription services (TA-W-85,858)  (herein 
referred to as “Nuance Communications, Inc.”).  The worker group 
consisted of remote workers throughout the United States 
“reporting” to Atlanta, Georgia.
	Based on information reviewed during the reconsideration 
investigation, the Department of Labor determines that an 
acquisition of services from a foreign country contributed 
importantly to worker separations at the subject location, Atlanta, 
Georgia, and at Nuance’s Burlington, Massachusetts location as 
well.
      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 acquired from a foreign country services like or directly 
competitive with services supplied by the workers which contributed 
importantly to worker group separations at Nuance Communications, 
Inc.
Conclusion
     After careful review, I determine that workers of Transcend 
Services, Inc., a division of Nuance Communications, Inc., 
Atlanta, Georgia (TA-W-85,858) and Transcend Services, Inc., a 
division of Nuance Communications, Inc., Burlington, 
Massachusetts (TA-W-85,858A) who are engaged in activities related 
to supply of medical transcription 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 Transcend Services, Inc., a division of 
Nuance Communications, Inc., Atlanta, Georgia (TA-W-85,858) 
and Transcend Services, Inc., a division of Nuance 
Communications, Inc., Burlington, Massachusetts (TA-W-
85,858A) engaged in activities related to the supply of 
medical transcription services who became totally or 
partially separated from employment on or after February 25, 
2014, 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 2nd day of November, 2015

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



DEPARTMENT OF LABOR

Employment and Training Administration
TA-W-85,858

TRANSCEND SERVICES, INC.
A DIVISION OF NUANCE COMMUNICATIONS, INC.
ATLANTA, GEORGIA

Negative Determination Regarding Eligibility
To Apply For Worker Adjustment Assistance
And Alternative Trade 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) and  (b) 
of Section 222 of the Act, 19 U.S.C. § 2272(a) and (b).  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 such 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 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)	imports of articles like or directly competitive with 
articles produced by such firm or subdivision have 
increased; and
(iii) the increase 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 or subdivision.

(B) Shift in Production Path:
(i)	there has been a shift in production by such workers' 
firm or subdivision to a foreign country of articles like 
or directly competitive with articles which are produced 
by such firm or subdivision; and
(ii)(I)	the country to which the workers' firm has 
shifted production of the articles is a party to a free 
trade agreement with the United States;
    (II)the country to which the workers' firm has 
shifted production of the articles is a beneficiary 
country under the Andean Trade Preference Act, African 
Growth and Opportunity Act, or the Caribbean Basin 
Economic Recovery Act; or
    (III)there has been or is likely to be an increase in 
imports of articles that are like or directly       
competitive with articles which are or were produced by 
such firm or subdivision.

      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 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."
	The investigation was initiated in response to a petition 
filed on February 27, 2015 by a State Workforce Office on behalf 
of workers of Transcend Services, Inc., a division of Nuance 
Communications, Inc., Atlanta, Georgia. The workers' firm is 
engaged in activities related to the supply of medical 
transcription services.  The worker group includes remote workers 
reporting to Atlanta, Georgia.
      The petitioner alleges that, "Management and production of 
medical documentation has moved to India in many instances."
      During the course of the investigation, information was 
collected from the workers' firm and the petitioner. 
	The investigation revealed that Transcend Services, Inc. does 
not produce an article within the meaning of Section 222(a) or 
Section 222(b) of the Act.  In order to be considered eligible to 
apply for adjustment assistance under Section 223 of the Trade Act 
of 1974, the worker group seeking certification (or on whose behalf 
certification is being sought) must work for a "firm" or 
appropriate subdivision that produces an article.  The definition 
of a firm includes an individual proprietorship, partnership, joint 
venture, association, corporation (including a development 
corporation), business trust, cooperative, trustee in bankruptcy, 
and receiver under decree of any court. 
      During the investigation, the Department of Labor obtained 
information that revealed that the workers' firm did not produce an 
article; rather, the workers' firm supplied services related to 
medical transcription services.
      In order for the Department to issue a certification of 
eligibility to apply for alternative trade adjustment assistance 
(ATAA), the worker group must be certified eligible to apply for 
trade adjustment assistance (TAA). Since the workers are denied 
eligibility to apply for TAA, the workers cannot be certified 
eligible for ATAA.
Conclusion
      After careful review of the facts obtained in the 
investigation, I determine that all workers of Transcend Services, 
Inc., a division of Nuance Communications, Inc., Atlanta, Georgia 
engaged in activities related to the supply of medical 
transcription services are denied eligibility to apply for 
adjustment assistance under Section 223 of the Trade Act of 1974, 
and are also denied eligibility to apply for alternative trade 
adjustment assistance under Section 246 of the Trade Act of 1974.
      Signed in Washington, D.C. this 20th day of March 2015.
      
      /s/Michael W. Jaffe
      ______________________________
      MICHAEL W. JAFFE
      Certifying Officer, Office of
      Trade Adjustment Assistance



ADVERTISEMENT


Post A Reply Reply By Email Options


Complete Discussion Below: ( marks the location of current message within thread)