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TAW-71168B  /  Agilent Technologies (Santa Clara, CA)

Petitioner Type: Company
Impact Date: 06/02/2008
Filed Date: 06/11/2009
Most Recent Update: 10/28/2009
Determination Date: 10/28/2009
Expiration Date: 10/28/2011

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-71,168

AGILENT TECHNOLOGIES
EESOF DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM
VOLT AND MANAGED BUSINESS SOLUTIONS (MBS)
WESTLAKE VILLAGE, CALIFORNIA

TA-W-71,168A

AGILENT TECHNOLOGIES
EESOF DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM
VOLT AND MANAGED BUSINESS SOLUTIONS (MBS)
SANTA ROSA, CALIFORNIA

TA-W-71,168B

AGILENT TECHNOLOGIES
EESOF DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM
VOLT AND MANAGED BUSINESS SOLUTIONS (MBS)
SANTA CLARA, CALIFORNIA

TA-W-71,168D

AGILENT TECHNOLOGIES
EESOF DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM
VOLT AND MANAGED BUSINESS SOLUTIONS (MBS)
EVERETT, WASHINGTON

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 October 28, 2009, applicable to workers of Agilent
Technologies, EEsof Division, including on-site leased workers
from Volt, Westlake Village, California, Agilent Technologies,
EEsof Division, including on-site leased workers from Volt, San
Rosa, California, Agilent Technologies, EEsof Division, including
on-site leased workers from Volt, Alpharetta, Georgia and Agilent
Technologies, EEsof Division, including on-site leased workers
from Volt, Everett, Washington. The notice was published in the
Federal Register on December 11, 2009 (74 FR 65795).
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 electronic design automation
software and elated services including quality assurance and
learning products, marketing, product development, marketing and
administration.
The company reports that on-site leased workers from Managed
Business Solutions (MBS) were employed on-site at the Westlake
Village, California, Santa Rosa, California, Santa Clara,
California, and the Everett, Washington locations of Agilent
Technologies, EEsof Division. The Department has determined that
these workers were sufficiently under the control of the subject
firm to be considered leased workers.
Based on these findings, the Department is amending this
certification to include workers leased from Managed Business
Solutions working on-site at the above mentioned locations of
Agilent Technologies, EEsof Division.


The amended notice applicable to TA-W-71,168 is hereby
issued as follows:
"All workers of Agilent Technologies, EEsof Division,
including on-site leased workers from Volt and Managed
Business Solutions (MBS), Westlake Village, California
(TA-W-71,168), Agilent Technologies, EEsof Division,
including on-site leased workers from Volt and Managed
Business Solutions (MBS), Santa Rosa, California (TA-W-
71,168A), Agilent Technologies, EEsof Division,
including on-site leased workers from Volt and Managed
Business Solutions (MBS), Santa Clara, California (TA-
W-71,168B), Agilent Technologies, EEsof Division,
including on-site leased workers from Volt, Alpharetta,
Georgia (TA-W-71,168C) and Agilent Technologies, EEsof
Division, including on-site leased workers from Volt
and Managed Business Solutions (MBS), Everett,
Washington (TA-W-71,168D), who became totally or
partially separated from employment on or after June 2,
2008, through October 28, 2011, 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 at Washington, D.C. this 1st day of March 2010.

/s/ Michael W. Jaffe
__________________________________
MICHAEL W. JAFFE
Certifying Officer, Division
of Trade Adjustment Assistance
4510-FN-P



DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-71,168

AGILENT TECHNOLOGIES
EESOF DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM VOLT
WESTLAKE VILLAGE, CALIFORNIA

TA-W-71,168A

AGILENT TECHNOLOGIES
EESOF DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM VOLT
SANTA ROSA, CALIFORNIA

TA-W-71,168B

AGILENT TECHNOLOGIES
EESOF DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM VOLT
SANTA CLARA, CALIFORNIA

TA-W-71,168C

AGILENT TECHNOLOGIES
EESOF DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM VOLT
ALPHARETTA, GEORGIA

TA-W-71,168D

AGILENT TECHNOLOGIES
EESOF DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM VOLT
EVERETT, WASHINGTON

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 June 11, 2009 by a company official on behalf of workers
of Agilent Technologies, EEsof Division, Westlake Village,
California (TA-W-71,168); Agilent Technologies, EEsof Division,
Santa Rosa, California (TA-W-71,168A); Agilent Technologies, EEsof
Division, Santa Clara, California (TA-W-71,168B); Agilent
Technologies, EEsof Division, Alpharetta, Georgia (TA-W-71,168C);
Agilent Technologies, EEsof Division, Everett, Washington (TA-W-
71,168D) (Agilent Technologies). The workers are engaged in
employment related to the production of electronic design
automation software and related services including quality
assurance and learning products, marketing, product development,
marketing, and administration. The investigation revealed that the
worker group contains on-site leased workers from Volt.
The investigation revealed that workers of Agilent
Technologies who are engaged in employment related to electronic
design automation software and related services meet the criteria
for certification.
Criterion I has been met because at least five percent of
the workers have been separated during the relevant period.
Criterion II has been satisfied because the workers’ firm
has shifted to a foreign country the production of an article and
the supply of services like or directly competitive with the
article and services produced by the workers.
Criterion III has been met because the shift of electronic
design automation software and related services to India by
Agilent Technologies contributed importantly to worker group
separations at the Agilent Technologies, EEsof Division
facilities.



Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Agilent Technologies,
EEsof Division, including on-site leased workers from Volt,
Westlake Village, California (TA-W-71,168); Santa Rosa, California
(TA-W-71,168A); Santa Clara, California (TA-W-71,168B); Alpharetta,
Georgia (TA-W-71,168C); and Everett, Washington (TA-W-71,168D), who
are engaged in employment related to electronic design automation
software and related 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 Agilent Technologies, EEsof Division,
including on-site leased workers from Volt, Westlake Village,
California (TA-W-71,168); Agilent Technologies, EEsof
Division, including on-site leased workers from Volt, Santa
Rosa, California (TA-W-71,168A); Agilent Technologies, EEsof
Division, including on-site leased workers from Volt, Santa
Clara, California (TA-W-71,168B); Agilent Technologies, EEsof
Division, including on-site leased workers from Volt,
Alpharetta, Georgia (TA-W-71,168C); Agilent Technologies,
EEsof Division, including on-site leased workers from Volt,
Everett, Washington (TA-W-71,168D), who became totally or
partially separated from employment on or after June 2, 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 28th day of October, 2009

/s/ Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Division of
Trade Adjustment Assistance



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