DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,163

ELECTRONIC DATA SYSTEMS (EDS), AN HP COMPANY
INCLUDING ON-SITE LEASED WORKER DEDICATED TO MAINFRAME
SECURITY/PASSWORD RESET SERVICES
CHARLOTTE, NORTH CAROLINA

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 on behalf of workers of Electronic Data
Systems (EDS), an HP Company, Charlotte, North Carolina. The
workers provide client and account management and
administrative services. The worker group includes an
individual leased to perform mainframe security/password reset
services on site.
The petitioner stated that the services provided at the
subject firm are being shifted to India.
The investigation revealed that workers of Electronic Data
Systems (EDS), an HP Company, Charlotte, North Carolina who
are engaged in employment related to client and account
management and administrative services meet the criteria for
certification.
Criterion I has been met because a significant portion of
workers has been separated. All remaining workers are
threatened with separation.
Criterion II has been satisfied because the client and
account management and administrative services provided by
workers of the subject firm are being shifted to India.
Criterion III has been met because the shift of client
and account management and administrative services from
Charlotte, North Carolina to India by Electronic Data Systems
(EDS), an HP Company, contributed importantly to worker group
separations at the Charlotte, North Carolina facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Electronic Data
Systems (EDS), an HP Company, including on-site leased workers
dedicated to mainframe security/password reset services,
Charlotte, North Carolina who are engaged in employment related
to client and account management and administrative services
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 Electronic Data Systems (EDS), an HP
Company, including on-site leased workers dedicated to
mainframe security/password reset services, Charlotte,
North Carolina 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 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 1st day of July, 2009


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