DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-72,262

IMATION ENTERPRISES
U.S. CUSTOMER SERVICE DIVISION
INCLUDING ON-SITE LEASED WORKERS OF WESTAFF
OAKDALE, 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 September 10, 2009 by a state workforce official on
behalf of workers of Imation Enterprises, U.S. Customer Service
Division, including on-site leased workers of Westaff, Oakdale,
Minnesota. The workers provided customer service support to the
Business Unit of the subject firm.
The investigation revealed that workers of the subject firm
who are engaged in activities related to providing customer
service support for the subject firm meet the criteria for
certification.
Criterion I has been met because a significant number of
workers at the subject firm have been separated or threatened
with separation by the subject firm.
Criterion II has been satisfied because the subject 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 customer
service support to Panama by the subject firm contributed
importantly to worker group separations and threatened future
worker separations at the subject firm.

Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Imation Enterprises,
U.S. Customer Service Division, including on-site leased workers
of Westaff, Oakdale, Minnesota, who are engaged in activities
related to the supply of customer service 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 Imation Enterprises, U.S. Customer Service
Division, including on-site leased workers of Westaff,
Oakdale, Minnesota, who became totally or partially
separated from employment on or after September 9, 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 14th day of October, 2009.


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