DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,069

EMERSON NETWORK POWER
EMBEDDED COMPUTING
MARLBOROUGH, MASSACHUSETTS

Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974, as
amended ("Act"), 19 U.S.C. § 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 workers of a firm
under Section 222(a) of the Act, 19 U.S.C. § 2272(a), are
satisfied if the following criteria are met:
I. The first criterion (set forth in Section 222(a)(1) of the
Act, 19 U.S.C. § 2272(a)(1)) requires that a significant
number or proportion of the workers in the workers' firm
must have become totally or partially separated or be
threatened with total or partial separation.

II. The second criterion (set forth in Section 222(a)(2) of the
Act, 19 U.S.C. § 2272(a)(2)) may be satisfied if either:

(i)(I) there has been a shift by the workers' firm to a
foreign country in the production of articles or
supply of services like or directly competitive with
those produced/supplied by the workers' firm; or
(i)(II) there has been an acquisition from a foreign
country by the workers' firm of articles/services that
are like or directly competitive with those
produced/supplied by the workers' firm.

III. The third criterion requires that the shift/acquisition
must have contributed importantly to the workers'
separation or threat of separation. See Section
222(a)(2)(B)(ii) of the Act, 19 U.S.C. §
2272(a)(2)(B)(ii).

The investigation was initiated in response to a petition
filed on May 19, 2009 by a company official on behalf of workers
of Emerson Network Power, Embedded Computing, Marlborough,
Massachusetts (Emerson). The workers are engaged in employment
related to research, development, and production of embedded
computer products (cards and boards).
The investigation revealed that workers of Emerson engaged
in employment related to production of embedded computer
products meet the criteria for certification.
Criterion I has been met because a significant portion of
workers at Emerson were separated from employment from May 2008
to May 2009.
Criterion II has been met because the subject firm has
shifted to foreign countries the production of articles like
or directly competitive with those produced by the workers.
Criterion III has been met because the shift in
production of embedded computer products to India, China, and
the Philippines by Emerson contributed importantly to the
worker group separations at Emerson.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Emerson who are
engaged in employment related to the production of embedded
computer products meet the worker group certification criteria
under Section 222(a) of the Act, 19 U.S.C. § 2272(a). In
accordance with Section 223 of the Act, 19 U.S.C. § 2273, I make
the following certification:
"All workers of Emerson Network Power, Embedded Computing,
who became totally or partially separated from employment
on or after May 18, 2008, through two years from the date
of certification, and all workers in the group threatened
with total or partial separation from employment on the
date of certification through two years from the date of
certification, are eligible to apply for adjustment
assistance under Chapter 2 of Title II of the Trade Act of
1974, as amended."
Signed in Washington, D.C., this 6th day of August, 2009


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