DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-71,381

JAMES TOWER, INC.
NORTH MANKATO, MINNESOTA

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 24, 2009 by a Minnesota state workforce officer
on behalf of workers of James Tower, Inc., North Mankato,
Minnesota. The workers are engaged in the production of
computer software applications, and also provide quality
assurance and administrative and sales support services.
The investigation revealed that workers of James Tower,
Inc., Mankato, Minnesota who are engaged in employment related
to computer software applications meet the criteria for
certification.
Criterion I has been met because a significant number and
portion of workers have been separated and further separations
are planned.
Criterion II has been met because the subject firm is
shifting the production of computer software applications and
support services to an affiliated facility in The Philippines.
Criterion III has been met because the shift of
production of computer software applications and support
services by James Tower, Inc. contributed importantly to
worker group separations at the North Mankato facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of James Tower, Inc.,
North Mankato, Minnesota who are engaged in employment related
to computer software 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 James Tower, Inc., North Mankato,
Minnesota, who became totally or partially separated from
employment on or after June 23, 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 29th day of July 2009


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