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TAW-70572A  /  Spherion, Workforce Logic, Whelan Security, and Guckenheimer (Longmont, CO)

Petitioner Type: Company
Impact Date: 05/20/2008
Filed Date: 05/26/2009
Most Recent Update: 07/27/2009
Determination Date: 07/27/2009
Expiration Date: 07/27/2011

Other Worker Groups on This Petition
DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,572
SEAGATE US LLC
LONGMONT DESIGN CENTER
LONGMONT, COLORADO

TA-W-70,572A
SPHERION, WORKFORCE LOGIC, WHELAN SECURITY, AND GUCKENHEIMER
ON-SITE LEASED WORKERS
LONGMONT DESIGN CENTER
LONGMONT, COLORADO

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 26, 2009 by a company official on behalf of workers
of Seagate US LLC, Longmont Design Center, Longmont, Colorado
(TA-W-70,572) and Spherion, Workforce Logic, Whelan Security,
and Guckenheimer, on-site leased workers, Longmont Design Center
Longmont, Colorado (TA-W-70,572A). The workers provide design,
customer support, prototype, failure analysis, quality
testing, and support services.
The workers of Seagate US LLC were certified eligible to
apply for adjustment assistance under TA-W-61,558, which expired
May 24, 2009.
This petition also covers (under TA-W-70,572A) leased
workers from Spherion, Workforce Logic, Whelan Security, and
Guckenheimer employed on-site. These workers were not covered
under the previous certification; thus their impact date will be
May 20, 2008, and include worker separations on or after that
date.
The investigation revealed that worker groups at the
Longmont Design Center, Longmont, Colorado who are engaged in
employment related to design, customer support, prototype,
failure analysis, quality testing, and support services meet
the criteria for certification.
Criterion I has been met because a significant portion of
the workers were separated from employment during the relevant
period.
Criterion II has been met because the subject firm has
shifted design, customer support, prototype, failure analysis,
quality testing, and support services to China, Thailand,
Malaysia, and Korea.
Criterion III has been met because the shift of design,
customer support, prototype, failure analysis, quality
testing, and support services to China, Thailand, Malaysia, and
Korea by Seagate US LLC, contributed importantly to worker
group separations at the Longmont, Colorado facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Seagate US LLC,
Longmont Design Center, Longmont, Colorado (TA-W-70,572) and
Spherion, Workforce Logic, Whelan Security, and Guckenheimer,
on-site leased workers, Longmont Design Center Longmont,
Colorado (TA-W-70,572A) who are engaged in employment related to
design, customer support, prototype, failure analysis, quality
testing, and support 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 Seagate US LLC, Longmont Design Center,
Longmont, Colorado (TA-W-70,572) who became totally or
partially separated from employment on or after May 25,
2009, 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, and
all workers of Spherion, Workforce Logic, Whelan Security,
and Guckenheimer, on-site leased workers, Longmont Design
Center Longmont, Colorado (TA-W-70,572A) who became totally
or partially separated from employment on or after May 20,
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 27th day of July, 2009

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