DEPARTMENT OF LABOR
Employment and Training Administration

TA-W-60,560

ELECTRONIC DATA SYSTEMS
EDS-XEROX ACCOUNT
ROCHESTER, NEW YORK

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 its investigation regarding certification of eligibility
to apply for worker adjustment assistance.
In order to make an affirmative determination and issue a
certification of eligibility to apply for Trade Adjustment
Assistance, the group eligibility requirements in either paragraph
(a)(2)(A) or (a)(2)(B) of Section 222 of the Trade Act must be met.
It is determined in this case that the requirements of (a)(2)(A) of
Section 222 have been met.
The investigation was initiated on December 8, 2006 in
response to a petition filed by a company official on behalf of
workers of Electronic Data Systems, EDS-Xerox Account, Rochester,
New York. The workers develop and maintain computer software that
is sold to a customer in the United States.
The investigation revealed that production and employment at
the subject facility both declined during the relevant period.
The subject firm shifted a significant proportion of software
programming to India and has increased imports of computer software
during the period under investigation.
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 that 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 three has not been
met.
The investigation revealed that the competitive conditions
within the workers' industry are not adverse. According to the
Bureau of Labor Statistics, national employment in the custom
computer programming services sector (NAICS-541511) increased from
2004 to 2005 and increased from YTD 2005 to YTD 2006.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with computer software produced at
Electronic Data Systems, EDS-Xerox Account, Rochester, New York,
contributed importantly to the total or partial separation of
workers and to the decline in sales or production at that firm or
subdivision. In accordance with the provisions of the Act, I make
the following certification:
"All workers of Electronic Data Systems, EDS-Xerox Account,
Rochester, New York, who became totally or partially separated
from employment on or after November 21, 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."
I further determine that all workers of Electronic Data
Systems, EDS-Xerox Account, Rochester, New York, are denied
eligibility to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974.
Signed in Washington, D. C., this 22nd day of December 2006


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