DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-55,439

SUN MICROSYSTEMS, INC.,
SCALABLE SYSTEMS PRODUCTS (SSG)
DESIGN TOOLS,PERFORMACE,AND QUALITY ASSURANCE GROUP (DTPQAG)
(FORMERLY KNOWN AS SUN MICROSYSTEMS, INC.
ENTERPISE SYSTEMS PRODUCTS
QUALITY ASSURANCE)
SAN DIEGO, CALIFORNIA

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 (19 USC 2273), 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 August 16, 2004 in response
to a petition filed on behalf of workers of Sun Microsystems, Inc.,
Scalable Systems Products, (SSG), Design Tools, Performance, and
Quality Assurance Group (DTPQAG), formerly known as Sun
Microsystems, Inc., Enterprise Systems Products (ESP), Quality
Assurance, San Diego, California. The workers develop software
used to test large-scale computer systems developed by Sun
Microsystems including platforms, drivers and other enterprise
software systems.
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 domestically and there must be a
relationship between the workers' work and the article produced
by the workers' firm or appropriate subdivision. The
investigation revealed that although production of an article(s)
occurred within the firm or appropriate subdivision, the
petitioning group of quality assurance workers does not support
this production. Thus the worker group can not be considered
import impacted or affected by a shift in production of an
article.
The petitioners allege that the separations at the subject
firm are directly attributable to a shift to India of the work
they performed at the San Diego facility. The investigation did
not discover that such shift of equivalent responsibilities has
taken place. In any event, a shift of services abroad is not a
basis for TAA certification which requires that there be a shift
in production and/or imports of an article to a foreign country.
In addition, in accordance with Section 246 the Trade Act of
1974 (26 USC 2813), as amended, the Department of Labor herein
presents the results of its investigation regarding certification
of eligibility to apply for alternative trade adjustment assis-
tance (ATAA) for older workers.
In order for the Department to issue a certification of
eligibility to apply for 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, I determine that all workers of Sun
Microsystems, Inc., Scalable Systems Products, (SSG), Design
Tools, Performance, and Quality Assurance Group (DTPQAG),
formerly known as Sun Microsystems, Inc., Enterprise Systems
Products (ESP), Quality Assurance, San Diego, California 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 16th day of September 2004

/s/ Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance