DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-71,810

NOVELL, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
AFFILIATED COMPUTER SERVICES, INC., (ACS)
PROVO, UTAH

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 6, 2009, applicable to workers of Novell,
Inc., Provo, Utah. The notice was published in the Federal
Register on December 11, 2009 (74 FR 6599).
At the request of the State Agency, the Department reviewed
the certification for workers of the subject firm. The workers
are engaged in activities related to research, design and
technical support for the production of computer software.
The company reports that workers leased from Affiliated
Computer Services, Inc., (ACS) were employed on-site at the
Provo, Utah location of Novell, Inc. 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 Affiliated Computer
Services, Inc., (ACS) working on-site at the Provo, Utah location
of Novell, Inc.
The amended notice applicable to TA-W-71,810 issued as
follows:
"All workers of Novell, Inc., including on-site leased
workers from Affiliated Computer Services, Inc., (ACS),
Provo, Utah, who became totally or partially separated
from employment on or after July 24, 2008, through
October 6, 2011, 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 at Washington, D.C. this 8th day of July 2010.


/s/ Elliott S. Kushner
__________________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division
of Trade Adjustment Assistance

4510-FN-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-71,810

NOVELL, INC.
PROVO, UTAH

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 July 27, 2009 on behalf of workers of Novell, Inc.,
Provo, Utah (Novell). The workers are engaged in activities
related to research, design and technical support of the
production of computer software.
The investigation revealed that workers of Novell who are
engaged in employment related to research, design and technical
support meet the criteria for certification.
Criterion I has been met because a significant number or
proportion of workers in the workers’ firm have become totally or
partially separated during the relevant period.
Criterion II has been satisfied because the workers’ firm
has shifted to a foreign country like or directly competitive
functions performed by the workers during the relevant period.
Criterion III has been met because the shift of research,
design and technical support to India by Novell contributed
importantly to worker group separations at Novell.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Novell, Inc., Provo,
Utah, who are engaged in activites related to research, design and
technical support 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 Novell, Inc., Provo, Utah, who became totally
or partially separated from employment on or after July 24,
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 6th day of October, 2009.


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



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