DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-56,866

SUN MICROSYSTEMS, INC.
NASHUA IT BUSINESS UNIT
NASHUA, NEW HAMPSHIRE

Negative Determinations 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 April 1, 2005 in response
to a petition filed on behalf of workers of Sun Microsystems, Inc.,
Nashua IT Business Unit, Nashua, New Hampshire. Workers of the
subject group provided information technology engineering and
support services, related to the maintenance and development of Sun
Microsystems' computer network. This involves the design,
development, testing, and deployment of business computer
applications used internally by Sun Microsystems, not applications
sold to outside customers by Sun.
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 direct
relationship between the workers' work and the article produced by
the workers' firm or appropriate subdivision.
Although petitioners allege that the separations at the
subject firm are attributable to a shift to India, the
investigation revealed that the information technology services
performed formerly by the subject worker group are now carried out
domestically by a third party vendor. Moreover, even if the work
performed by the subject worker group had been transferred to
India, a shift of services abroad is not a basis for TAA
certification.
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 assistance
(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 can
not be certified eligible for ATAA.


Conclusion
After careful review, I determine that all workers of Sun
Microsystems, Inc., Nashua IT Business Unit, Nashua, New Hampshire
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 5th day of May 2005.

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