DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-64,451

OPEN SOLUTIONS INC.
SAN LEANDRO FACILITY ITEM PROCESSING CENTER
SAN LEANDRO, 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 November 17, 2008, in
response to a petition filed by a One-Stop Operator/Partner on
behalf of workers of Open Solutions, Inc., San Leandro Facility
Item Processing Center, San Leandro, California. The workers are
engaged in data entry for check processing.
Open Solutions, Inc., San Leandro Facility Item Processing
Center, San Leandro, 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 workers described above do not support a firm or
appropriate subdivision that produces an article domestically and
thus the worker group cannot be considered import impacted or
affected by a shift in production of an article.
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 Open Solutions,
Inc., San Leandro Facility Item Processing Center, San Leandro,
California, 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 22nd day of December, 2008


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