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NUANCE TAA DECISION 85858
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
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