Certified
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TAW-70504  /  Seagate Technology, LLC (Bloomington, MN)

Petitioner Type: State
Impact Date: 05/18/2008
Filed Date: 05/22/2009
Most Recent Update: 09/24/2009
Determination Date: 09/24/2009
Expiration Date: 09/24/2011

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,504

SEAGATE TECHNOLOGY, LLC
RECORDING HEADS OPERATIONS
INCLUDING ON-SITE LEASED WORKERS FROM SPHERION
BLOOMINGTON, MINNESOTA

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 22, 2009 by the Minnesota State Workforce Office
on behalf of workers of Seagate Technology, LLC, Recording
Heads Operations, including on-site leased workers from
Spherion, Bloomington, Minnesota (Seagate Technology). The
workers produce disc drive wafers.
The investigation revealed that workers of Seagate
Technology who are engaged in employment related to the
production disc drive wafers meet the criteria for
certification.
Criterion I has been met because a significant portion of
the workers have been laid off and more layoffs are
anticipated.
Criterion II has been met because the subject firm has
shifted production of articles like or directly competitive
with wafers produced by the workers to foreign countries.
Criterion III has been satisfied because the shift of
disc drive wafers to Malaysia and Thailand by Seagate
Technology contributed importantly to worker group separations
at Seagate Technology.



Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Seagate Technology
LLC, Recording Heads Operations, including on-site leased
workers from Spherion, Bloomington, Minnesota, who are engaged
in employment related to the production of disc drive wafers
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 Seagate Technology LLC, Recording Heads
Operations, including on-site leased workers from
Spherion, Bloomington, Minnesota, 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 24th day of September, 2009.


/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance