Certified
« back to search results

TAW-70917A  /  Agilent Technologies (Austin, TX)

Petitioner Type: Company
Impact Date: 06/01/2008
Filed Date: 06/03/2009
Most Recent Update: 03/08/2010
Determination Date: 03/08/2010
Expiration Date: 03/08/2012

Other Worker Groups on This Petition
DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-70,917

AGILENT TECHNOLOGIES
NETWORK SOLUTIONS DIVISION
ELECTRONIC MEASUREMENTS GROUP
INCLUDING IN-SITE INDEPENDENT CONTRACTORS AND
ON-SITE LEASED WORKERS FROM VOLT SERVICES
COLORADO SPRINGS, COLORADO

TA-W-70,917A

AGILENT TECHNOLOGIES
NETWORK SOLUTIONS DIVISION
ELECTRONIC MEASUREMENTS GROUP
INCLUDING ON-SITE INDEPENDENT CONTRACTORS AND
ON-SITE LEASED WORKERS FROM VOLT SERVICES
AUSTIN, TEXAS

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 June 3, 2009, by a company official on behalf of
workers of Agilent Technologies, Network Solutions Division,
Electronic Measurement Group, Colorado Springs, Colorado and
Agilent Technologies, Network Solutions Division, Electronic
Measurement Group, Austin, Texas (hereafter referred to
collectively as "Agilent Technologies, Network Solutions
Division"). The workers are engaged in employment related to the
production of systems test software and the supply of systems
test software-related customer service.
The worker groups include on-site independent contractors
and on-site leased workers from Volt Systems.
Earlier certifications applicable to workers of Agilent
Technologies, Colorado Springs, Colorado (TA-W-70,883 and
70,916)) are not applicable to the worker group covered by
petition TA-W-70,917.
The investigation revealed that workers of Agilent
Technologies, Network Solutions Division, who are engaged in
employment related to systems test software (production and
service), meet the criteria for certification.
Criterion I has been met because a significant proportion
or number of workers at each of the afore-mentioned Agilent
Technologies, Network Solutions Division facilities have become
totally or partially separated, or threatened with such
separation, during the relevant period.
Criterion II has been met because there has been a shift
by Agilent Technologies, Network Solutions Division to foreign
countries in the production of articles like or directly
competitive with the systems test software and the supply of
systems test software-related customer service.
Criterion III has been met because the shift in production
of systems test software and supply of customer service to
India, China and Singapore contributed importantly to worker
group separations at the Agilent Technologies, Network Solutions
Division, Colorado Springs, Colorado and Austin, Texas
locations.


Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Agilent Technologies,
Network Solutions Division, Electronic Measurement Group,
including on-site independent contractors and on-site leased
workers from Volt Systems, Colorado Springs, Colorado and
Austin, Texas, who are engaged in employment related to systems
test software, 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 Agilent Technologies, Network Solutions
Division, Electronic Measurement Group, including on-site
independent contractors and on-site leased workers from
Volt Systems, Colorado Springs, Colorado (70,917), and
Agilent Technologies, Network Solutions Division,
Electronic Measurement Group, including on-site independent
contractors and on-site leased workers from Volt Systems,
Austin, Texas (70,917A) who became totally or partially
separated from employment on or after June 1, 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 8th day of March, 2010


/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Division of
Trade Adjustment Assistance