Petitioner Type: Company
Impact Date: 06/25/2008
Filed Date: 06/29/2009
Most Recent Update: 09/30/2009
Determination Date: 09/30/2009
Expiration Date: 09/30/2011
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-71,447
APPLIED MATERIALS, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
ADECCO EMPLOYMENT SERVICES, AEROTEK, INC.,
CDI IT SOLUTIONS (CDI CORPORATION), D&Z MICROELECTRONICS,
PENTAGON TECHNOLOGY, PROACTIVE BUSINESS SOLUTION, INC., TECHNICAL
RESOURCES, SQA SERVICES AND NSTAR
AUSTIN, TEXAS
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 September 30, 2009, applicable to workers of
Applied Materials, Inc., including on-site leased workers from
Adecco Employment Services, Aerotek, Inc., CDI IT Solutions, D&Z
Microelectronics, Pentagon Technology, Proactive Business
Solution, Inc., Technical Resources, SQA Services and NSTAR,
Austin, Texas. The notice was published in the Federal Register
on November 17, 2009 (74 FR 59253).
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 semiconductor equipment.
Information shows that on-site leased workers from CDI IT
Solutions had their wages reported under a separated unemployment
insurance (UI) tax account for its’ parent firm, CDI Corporation.
Accordingly, the Department is amending this certification
to properly reflect this matter.
The intent of the Department’s certification is to include
all workers of the subject firm who were adversely affected by
the shift in production of semiconductor equipment to Singapore.
The amended notice applicable to TA-W-71,447 is hereby
issued as follows:
"All workers of Applied Materials, Inc., including on-
site leased workers from Adecco Employment Services,
Aerotek, Inc., CDI IT Solutions (CDI Corporation), D&Z
Microelectronics, Pentagon Technology, Proactive
Business Solution, Inc., Technical Resources, SQA
Services, and NSTAR, Austin, Texas, who became totally
or partially separated from employment on or after June
25, 2008 through September 30, 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 15th day of December 2009.
/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-71,447
APPLIED MATERIALS, INC.
INCLUDING ON-SITE LEASED WORKERS FROM ADECCO EMPLOYMENT SERVICES,
AEROTEK INC., CDI IT SOLUTIONS,
D&Z MECROELECTRONICS, PENTAGON TECHNOLOGY,
PROACTIVE BUSINESS SOLUTION INC., TECHNICAL RESOURCES,
SQA SERVICES, AND NSTAR
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. 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 29, 2009, by a company official on behalf of workers
of Applied Materials, Inc., Austin, Texas. The workers produce
semiconductor equipment. The worker group includes on-site leased
workers from Adecco Employment Services, Aerotek, Inc., CDI IT
Solutions, D&Z Microelectronics, Pentagon Technology, Proactive
Business Solution Inc., Technical Resources, SQA Services, and
NSTAR.
The investigation revealed that workers of Applied Materials,
who are engaged in employment related to the production of
semiconductor equipment, meet the criteria for certification.
Criterion I has been met because at least five percent of
the workers have been separated, or are threatened with total or
partial separation during the relevant period.
Criterion II has been satisfied because the workers’ firm
has shifted to a foreign country the production of articles like
or directly competitive with the articles produced by the
workers.
Criterion III has been met because the shift in production
of semiconductor equipment to Singapore by Applied Materials
contributed importantly to worker group separations at the
Austin, Texas facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Applied Materials,
Inc., Austin, Texas, who are engaged in employment related to the
production of semiconductor equipment 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 Applied Materials, Inc., including on-site
leased workers from Adecco Employment Services, Aerotek,
Inc., CDI IT Solutions, D&Z Microelcectronics, Pentagon
Technology, Proactive Business Solution Inc., Technical
Resources, SQA Services, and NSTAR, Austin, Texas, who became
totally or partially separated from employment on or after
June 25, 2008, through two years from the date of
certification, and all workers in the group threatened with
total or partial separation from employment on the 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 30th day of September, 2009
/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Division of
Trade Adjustment Assistance
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Employment and Training Administration
TA-W-71,447
APPLIED MATERIALS, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
ADECCO EMPLOYMENT SERVICES, AEROTEK, INC.,
CDI IT SOLUTIONS (CDI CORPORATION), D&Z MICROELECTRONICS,
PENTAGON TECHNOLOGY, PROACTIVE BUSINESS SOLUTION, INC., TECHNICAL
RESOURCES, SQA SERVICES AND NSTAR
AUSTIN, TEXAS
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 September 30, 2009, applicable to workers of
Applied Materials, Inc., including on-site leased workers from
Adecco Employment Services, Aerotek, Inc., CDI IT Solutions, D&Z
Microelectronics, Pentagon Technology, Proactive Business
Solution, Inc., Technical Resources, SQA Services and NSTAR,
Austin, Texas. The notice was published in the Federal Register
on November 17, 2009 (74 FR 59253).
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 semiconductor equipment.
Information shows that on-site leased workers from CDI IT
Solutions had their wages reported under a separated unemployment
insurance (UI) tax account for its’ parent firm, CDI Corporation.
Accordingly, the Department is amending this certification
to properly reflect this matter.
The intent of the Department’s certification is to include
all workers of the subject firm who were adversely affected by
the shift in production of semiconductor equipment to Singapore.
The amended notice applicable to TA-W-71,447 is hereby
issued as follows:
"All workers of Applied Materials, Inc., including on-
site leased workers from Adecco Employment Services,
Aerotek, Inc., CDI IT Solutions (CDI Corporation), D&Z
Microelectronics, Pentagon Technology, Proactive
Business Solution, Inc., Technical Resources, SQA
Services, and NSTAR, Austin, Texas, who became totally
or partially separated from employment on or after June
25, 2008 through September 30, 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 15th day of December 2009.
/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-71,447
APPLIED MATERIALS, INC.
INCLUDING ON-SITE LEASED WORKERS FROM ADECCO EMPLOYMENT SERVICES,
AEROTEK INC., CDI IT SOLUTIONS,
D&Z MECROELECTRONICS, PENTAGON TECHNOLOGY,
PROACTIVE BUSINESS SOLUTION INC., TECHNICAL RESOURCES,
SQA SERVICES, AND NSTAR
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. 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 29, 2009, by a company official on behalf of workers
of Applied Materials, Inc., Austin, Texas. The workers produce
semiconductor equipment. The worker group includes on-site leased
workers from Adecco Employment Services, Aerotek, Inc., CDI IT
Solutions, D&Z Microelectronics, Pentagon Technology, Proactive
Business Solution Inc., Technical Resources, SQA Services, and
NSTAR.
The investigation revealed that workers of Applied Materials,
who are engaged in employment related to the production of
semiconductor equipment, meet the criteria for certification.
Criterion I has been met because at least five percent of
the workers have been separated, or are threatened with total or
partial separation during the relevant period.
Criterion II has been satisfied because the workers’ firm
has shifted to a foreign country the production of articles like
or directly competitive with the articles produced by the
workers.
Criterion III has been met because the shift in production
of semiconductor equipment to Singapore by Applied Materials
contributed importantly to worker group separations at the
Austin, Texas facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Applied Materials,
Inc., Austin, Texas, who are engaged in employment related to the
production of semiconductor equipment 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 Applied Materials, Inc., including on-site
leased workers from Adecco Employment Services, Aerotek,
Inc., CDI IT Solutions, D&Z Microelcectronics, Pentagon
Technology, Proactive Business Solution Inc., Technical
Resources, SQA Services, and NSTAR, Austin, Texas, who became
totally or partially separated from employment on or after
June 25, 2008, through two years from the date of
certification, and all workers in the group threatened with
total or partial separation from employment on the 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 30th day of September, 2009
/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Division of
Trade Adjustment Assistance
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