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TAW-72190  /  Electronic Data Systems, A Hewlett-Packard Company (Montvale, NJ)

Petitioner Type: State
Impact Date: 09/01/2008
Filed Date: 09/02/2009
Most Recent Update: 09/24/2009
Determination Date: 09/24/2009
Expiration Date: 09/24/2011

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-72,190

ELECTRONIC DATA SYSTEMS, A HEWLETT-PACKARD COMPANY
CAPITAL MARKETS SEGMENT
APPLICATIONS AND FINANCIAL SERVICES SECTORS
MONTVALE, NEW JERSEY

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 September 2, 2009 by the New Jersey State Workforce
Office on behalf of workers of Electronic Data Systems, a
Hewlett-Packard Company, Montvale, New Jersey (EDS). The
workers supplied technology application development and
maintenance services for the applications and financial
services sectors of Hewlett-Packard's Capital Markets segment.
The investigation revealed that workers of EDS who are
engaged in employment related to technology application
development and maintenance services meet the criteria for
certification.
Criterion I has been met because at least five percent of
workers have been separated, or are threatened with
separation, during the relevant period.
Criterion II has been satisfied because the workers' firm
has shifted to a foreign country the supply of a service like
or directly competitive with the service supplied by the
workers.
Criterion III has been met because the shift of
technology application development and maintenance services to
India by EDS contributed importantly to worker group
separations at EDS.


Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Electronic Data
Systems, a Hewlett-Packard Company, Capital Markets Segment,
Applications and Financial Services sectors, Montvale, New
Jersey who are engaged in employment related to technology
application development and maintenance 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 Electronic Data Systems, a Hewlett-Packard
Company, Capital Markets Segment, Applications and
Financial Services Sectors, Montvale, New Jersey who became
totally or partially separated from employment on or after
September 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 24th day of September, 2009


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