DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,586

SUN MICROSYSTEMS, INC.
WORLD WIDE OPERATIONS
RECORDING HEAD OPERATIONS DEPARTMENT
INCLUDING ON-SITE LEASED WORKERS FROM PROUNLIMITED
LOUISVILLE, 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. (Set forth in 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 State Workforce Official on behalf
of workers of Sun Microsystems, Inc., World Wide Operations,
Recording Head Operations Department, Louisville, Colorado
(Recording Head Operations). The workers are engaged in
activities related to the production of tape head wafers,
including design and engineering support services. The workers
are not separately identifiable by products or functions.
The investigation revealed that the worker group at the
subject firm includes on-site leased workers from ProUnlimited.
The investigation revealed that workers of Sun
Microsystems, Inc., World Wide Operations, Recording Head
Operations Department, including on-site leased workers from
ProUnlimited, Louisville, Colorado, who are engaged in
activities related to the production of tape head wafers meet
the criteria for certification.
Criterion I has been met because a significant number or
proportion of the workers in the workers' firm have become
totally or partially separated.
Criterion II has been satisfied because there has been a
shift in a portion of the production of tape head wafers by
Recording Head Operations to China.
Criterion III has been met because the shift in a portion
of the production of tape head wafers by Recording Head
Operations to China contributed importantly to worker group
separations at Recording Head Operations.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Sun Microsystems,
Inc., World Wide Operations, Recording Head Operations
Department, including on-site leased workers from
ProUnlimited, Louisville, Colorado, who are engaged in
activities related to the production of tape head 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 Sun Microsystems, Inc., World Wide
Operations, Recording Head Operations Department,
including on-site leased workers from ProUnlimited,
Louisville, Colorado, who became totally or partially
separated from employment on or after May 22, 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 21st day of October, 2009


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