DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,565
HEWLETT PACHARD COMPANY
BUSINESS CRITICAL SYSTEMS
MISSION CRITICAL BUSINESS SOFTWARE DIVISION
OPENVMS OPERATING SYSTEM DEVELOPMENT GROUP
INCLUDING EMPLOYEES WORKING OFF SITE IN NEW HAMPSHIRE, FLORIDA,
NEW JERSEY AND COLORADO
MARLBOROUGH, MASSACHUETTS

TA-W-70, 565B
HEWLETT PACHARD COMPANY
BUSINESS CRITICAL SYSTEMS
MISSION CRITICAL BUSINESS SOFTWARE DIVISION
OPENVMS OPERATING SYSTEM DEVELOPMENT GROUP
INCLUDING AN EMPLOYEE OPERATING OUT OF THE STATE OF MICHIGAN
MARLBOROUGH, MASSACHUETTS

Amended 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 issued
a Certification of Eligibility to Apply for Worker Adjustment
Assistance on August 27th, 2009, applicable to workers of Hewlett
Packard Company, Business Critical Systems, Mission Critical
Business Software Division, OpenVMS Operating System Development
Group, including employees working off site in New Hampshire,
Florida, New Jersey, Colorado and Michigan, Marlborough,
Massachusetts. The notice was published in the Federal Register
on November 5, 2009 (75 FR 57341). The notice was amended on
January 14th 2010 to include an employee operating out of the
state of Kansas. The notice was published in the Federal Register
on February 1, 2010 (75 FR 5146).
At the request of the State Agency, the Department reviewed
the certification for workers of the subject firm. The workers
are engaged in the production of Hewlett Packard OpenVMS
Operating System and related applications.
New information shows that a worker separation has occurred
involving an employee in support of the Marlborough,
Massachusetts location of Hewlett Packard Company, Business
Critical Business Software Division, OpenVMS operating System
Development Group, operating out of the state of Michigan
Mr. John Eisenbraun provided engineering functioning supporting
the Marlborough, Massachusetts production facility of the subject
firm.
Based on these findings, the Department is amending this
certification to include an employee in support of the
Marlborough, Massachusetts facility operating out of the state of
Michigan.
The intent of the Department’s certification is to include
all workers of the subject firm who were adversely affected by a
shift in production of Hewlett Packard OpenVMS Operating System
and related applications to India.


The amended notice applicable to TA-W-70,565 is hereby
issued as follows:
"All workers of Hewlett Packard Company, Business
Critical Systems, Mission Critical Business Software
Division, OpenVMS Operating System Development Group,
Marlborough, Massachusetts including employee working
off-site in New Hampshire, Florida, New Jersey and
Colorado (TA-W-70,565), including an employee in
support of Hewlett Packard Company, Business Critical
Systems, Mission Critical Business Software Division,
OpenVMS Operating System Development Group,
Marlborough, Massachusetts working off-site in the
state of Kansas (TA-W-70,565A), and also including an
employee in support of Hewlett Packard Company,
Business Critical Systems, Mission Critical Business
Software Division, OpenVMS Operating System Development
Group, Marlborough, Massachusetts working off-site in
the state of Michigan(TA-W-70,565B), who became totally
or partially separated from employment on or after May
21, 2008, through August 27, 2011 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 at Washington, D.C. this 1st day of March 2010

/s/ Richard Church
__________________________________
RICHARD CHURCH
Certifying Officer, Division
of Trade Adjustment Assistance
4510-FN-P



DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,565

HEWLETT PACKARD COMPANY
BUSINESS CRITICAL SYSTEMS
MISSION CRITICAL BUSINESS SOFTWARE DIVISION
OPENVMS OPERATING SYSTEM DEVELOPMENT GROUP
INCLUDING EMPLOYEES WORKING OFF SITE IN NEW HAMPSHIRE,
FLORIDA, NEW JERSEY, AND COLORADO
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 by a company official on May 26, 2009 on behalf of workers of
Hewlett Packard Company, Business Critical Systems – Mission
Critical Business Software Division, OpenVMS Operating System
Development Group, Marlborough, Massachusetts. The worker group
also includes and is limited to employees working off-site in New
Hampshire, Florida, New Jersey, and Colorado. The workers are
engaged in the production of Hewlett Packard OpenVMS Operating
System and related applications. The system and applications are
distributed as software license kits sold to customers.
The investigation revealed that workers of the Business
Critical Systems – Mission Critical Business Software Division,
OpenVMS Operating System Development Group, who are engaged in
employment related to the production of Hewlett Packard OpenVMS
Operating System and related applications meet the criteria for
certification.
Criterion I has been met because a significant portion of
the workers has been separated in the last year.
Criterion II has been met because the workers’ firm has
shifted the production of an article like or directly competitive
with Hewlett Packard OpenVMS Operating System and related
applications to a foreign country.
Criterion III has been met because the shift of production
of Hewlett Packard OpenVMS Operating System and related
applications from the Business Critical Systems – Mission Critical
Business Software Division, OpenVMS Operating System Development
Group, to India contributed importantly to worker group
separations at that facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Hewlett Packard Company,
Business Critical Systems – Mission Critical Business Software
Division, OpenVMS Operating System Development Group, Marlborough,
Massachusetts, including employees working off-site in New
Hampshire, Florida, New Jersey, and Colorado, who are engaged in
employment related to the production of Hewlett Packard OpenVMS
Operating System and related applications 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 Hewlett Packard Company, Business Critical
Systems – Mission Critical Business Software Division, OpenVMS
Operating System Development Group, Marlborough,
Massachusetts, including employees working off-site in New
Hampshire, Florida, New Jersey, and Colorado, who became
totally or partially separated from employment on or after May
21, 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 27th day of August, 2009


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






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