DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-40,798

OCWEN TECHNOLOGY XCHANGE
OCWEN FEDERAL BANK FSB
WEST PALM BEACH, FLORIDA

Negative Determination Regarding Eligibility
To Apply For Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273) as amended by the Omnibus Trade and Competitiveness Act
of 1988 (P. L. 100-418), the Department of Labor herein presents
the results of an investigation regarding certification of
eligibility to apply for worker adjustment assistance.
The investigation was initiated on February 11, 2002, in
response to a petition filed by workers at Ocwen Technology
Xchange, Ocwen Federal Bank FSB, West Palm Beach, Florida. The
petitioning workers were engaged in work related to software
development for the loan servicing industry.
The investigation revealed that the workers of the subject
firm provided a service and did not produce an article within the
meaning of Section 222(3) of the Trade Act of 1974. The
Department of Labor has consistently determined that the
performance of services does not constitute production of an
article, as required by the Trade Act of 1974, and this
determination has been upheld in the U. S. Court of Appeals.

Workers of the subject facility may be certified only if
their separation was caused importantly by a reduced demand for
their services from a parent firm, a firm otherwise related to
the subject firm by ownership, or a firm related by control.
Additionally, the reduction in demand for services must originate
at a production facility whose workers independently meet the
statutory criteria for certification and the reduction must
directly relate to the product impacted by imports. These
conditions have not been met for workers performing services at
the subject facility.
Conclusion
After careful review, I determine that all workers at Ocwen
Technology Xchange, Ocwen Federal Bank FSB, West Palm Beach,
Florida, are denied eligibility to apply for adjustment
assistance under Section 223 of the Trade Act of 1974.
Signed in Washington, D. C. this 22nd day of April, 2002


/s/ Linda G. Poole
______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance