DEPARTMENT OF LABOR
Employment and Training Administration

TA-W-63,887

SUN MICROSYSTEMS, INC.
SUN LEARNING SERVICES DIVISION
BROOMFIELD, COLORADO

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 group eligibility requirements for directly-
impacted (primary) workers under Section 222(a) the Trade Act of 1974,
as amended, can be satisfied in either of two ways:
I. Section (a)(2)(A) all of the following must be satisfied:
A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm, have
become totally or partially separated, or are threatened to
become totally or partially separated;
B. the sales or production, or both, of such firm or subdivision
have decreased absolutely; and
C. increased imports of articles like or directly competitive
with articles produced by such firm or subdivision have
contributed importantly to such workers' separation or threat
of separation and to the decline in sales or production of such
firm or subdivision; or

II. Section (a)(2)(B) both of the following must be satisfied:

A. a significant number or proportion of the workers in such
workers' firm, or an appropriate subdivision of the firm,
have become totally or partially separated, or are
threatened to become totally or partially separated;
B. there has been a shift in production by such workers' firm or
subdivision to a foreign country of articles like or directly
competitive with articles which are produced by such firm or
subdivision; and

C. One of the following must be satisfied:
1. the country to which the workers' firm has shifted
production of the articles is a party to a free trade
agreement with the United States;
2. the country to which the workers' firm has shifted
production of the articles is a beneficiary country under
the Andean Trade Preference Act, African Growth and
Opportunity Act, or the Caribbean Basin Economic Recovery
Act; or
3. there has been or is likely to be an increase in imports of
articles that are like or directly competitive with
articles which are or were produced by such firm or
subdivision.

The investigation was initiated on August 18, 2008 in response to a
petition filed on behalf of workers of Sun Microsystems, Inc., Sun
Learning Services Division, Broomfield, Colorado. The workers in the
subject worker group were technical illustrators, producing pictures
inserted in books and service manuals that accompany products produced
elsewhere. The workers at the subject facility are separately
identifiable by product line.
The investigation revealed that criteria (a)(2)(A)(I.A) and
(a)(2)(B) (II.A) have not been met.
The investigation revealed that the subject firm did not separate
or threaten to separate a significant number or proportion of workers in
the division of the technical illustrators as required by Section 222 of
the Trade Act of 1974. Significant number or proportion of the workers
in a firm or appropriate subdivision means at least three workers in a
workforce of fewer than 50 workers.
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 of the facts obtained in the investigation,
I determine that all workers of Sun Microsystems, Inc., Sun Learning
Services Division, Broomfield, Colorado, 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 25th day of September 2008


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