DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-59,494

SUN MICROSYSTEMS, INC.
INFORMATION TECHNOLOGY GROUP
SANTA CLARA, 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 June 1, 2006, in response
to a petition filed by a state workforce representative on behalf
of workers of Sun Microsystems, Inc., Information Technology Group,
Santa Clara, California. The petitioning group of workers was
engaged in information technology development. Workers were engaged
in writing software applications for internal use.
The investigation revealed that Sun Microsystems, Inc.,
Information Technology Group, Santa Clara, California, does not
produce an article within the meaning of Section 222(a)(2) 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 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
the company does produce article(s), such as hardware and software,
the information technology workers only provide software
development that is incidental to production at the subject firm
and they do not support production that is marketed by Sun
Microsystems, Inc.
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 cannot
be certified eligible for ATAA.


Conclusion
After careful review, I determine that all workers of Sun
Microsystems, Inc., Information Technology Group, Santa Clara,
California are denied eligibility to apply for adjustment
assistance under Section 223 of the Trade Act of 1974, and
alternative trade adjustment assistance under Section 246 of the
Trade Act of 1974.
Signed in Washington, D.C., this 18th day of July 2006


/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance