DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-60,302

BMC SOFTWARE INC.
WALTHAM, MASSACHUSETTS

Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance
And Negative Determination Regarding Eligibility to Apply
For Alternative Trade Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), as amended, the Department of Labor herein presents
the results of an investigation regarding certification of
eligibility to apply for worker adjustment assistance as a
secondarily affected worker group.
The investigation was initiated on October 26, 2006 in
response to a petition filed by the State of Massachusetts on
behalf of workers at BMC Software Inc., Waltham, Massachusetts.
The workers of the subject firm produce modules for software;
they are not separately identifiable.
The investigation revealed that in fiscal year 2006 there
have been declines in employment at the subject firm, when
compared to fiscal year 2005.
Furthermore, the investigation revealed that the subject
firm is a supplier of components to a software producing firm,
and that firm employed a group of workers who received a
certification of eligibility to apply for trade adjustment
assistance and the loss of business with this firm contributed
importantly to worker separations at the subject firm.
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.
The group eligibility criteria for the ATAA program the
Department must consider under Section 246 of the Trade Act
are:
1. Whether a significant number of workers in the
workers' firm are 50 years of age or older.
2. Whether the workers in the workers' firm possess
skills that are not easily transferable.
3. The competitive conditions within the workers'
industry (i.e., conditions within the industry are
adverse).
The Department has determined that criterion 2 has not been
met. The investigation revealed that the skills of the workers
at the subject firm are easily transferable.


Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of BMC Software Inc.,
Waltham, Massachusetts, qualify as adversely affected secondary
workers under Section 222 of the Trade Act of 1974, as amended.
In accordance with the provisions of the Act, I make the
following certification:
"All workers of BMC Software Inc., Waltham, Massachusetts
who became totally or partially separated from employment
on or after October 25, 2005, through two years from the
date of certification are eligible to apply for adjustment
assistance under Section 223 of the Trade Act of 1974;" and
I further determine that all workers of BMC Software Inc.,
Waltham, Massachusetts, are denied eligibility to apply for
alternative trade adjustment assistance under Section 246 of the
Trade Act of 1974.
Signed at Washington, D.C., this 18th day of December, 2006


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