Petitioner Type: Workers
Impact Date: 09/11/2008
Filed Date: 09/14/2009
Most Recent Update: 04/29/2010
Determination Date: 04/29/2010
Expiration Date: 04/29/2012
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-72,286
UNISYS CORPORTAION
TECHNOLOGY BUSINESS SEGMENT
UNISYS INFORMATION TECHNOLOGY DIVISION
FORMERLY KNOWN AS BETT
INCLUDING EMPLOYEES WORKING OFF-SITE IN
COLORADO, MINNESOTA, OHIO, AND WISCONSIN
AND ON-SITE LEASED WORKERS FROM
HEXAWARE TECHNOLOGIES, INC.
PLYMOUTH, MICHIGAN
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 April 29, 2010, applicable to workers
of Unisys Corporation, Technology Business Segment, Unisys
Information Technology Division, formerly known as BETT,
including on-sit leased workers from Hexaware Technologies,
Inc., Plymouth, Michigan. The notice was published in the
Federal Register ON May 28, 2010 (75 FR 30071).
At the request of the petitioners, the Department reviewed
the certification for workers of the subject firm. The workers
are engaged in activities related to the supply of corporate
information technology (IT) services.
New information shows that worker separations have occurred
involving employees under the control of the Plymouth, Michigan
location of Unisys Corporation, Technology Business Segment,
Unisys Information Technology Division, formerly known as BETT,
working off-site in Colorado, Minnesota, Ohio, and Wisconsin.
These employees provide various activities related to the supply
of corporate information technology (IT) services.
Based on these findings, the Department is amending this
certification to include employees of the Plymouth, Michigan
facility of the subject firm working off-site in Colorado, Ohio,
Minnesota, and Wisconsin.
The intent of the Department’s certification is to include
all workers of the subject firm who were adversely affected by
the acquisition of corporate IT services from India.
The amended notice applicable to TA-W-72,286 is hereby
issued as follows:
“All workers of Unisys Corporation, Technology Business
Segment, Unisys Corporation, Technology Business Segment,
Unisys Information Technology Division, formerly known as
BETT, including employees working off-site in Colorado,
Ohio, Minnesota, and Wisconsin, and on-site leased workers
from Hexaware Technologies, Inc., Plymouth, Michigan, who
became totally or partially separated from employment on or
after September 11, 2008 through April 29, 2012, 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 June, 2010
/s/ Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Division of
Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-72,286
UNISYS CORPORATION
TECHNOLOGY BUSINESS SEGMENT
UNISYS INFORMATION TECHNOLOGY DIVISION
(FORMERLY KNOWN AS BETT)
INCLUDING ON-SITE LEASED WORKERS FROM
HEXAWARE TECHNOLOGIES, INC.
PLYMOUTH, MICHIGAN
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 14, 2009 on behalf of workers of Unisys
Corporation, Technology Business Segment, Unisys Information
Technology Division (formerly known as BETT), Plymouth,
Michigan (hereinafter referred to as Unisys Corporation, UIT
Division). The worker group includes on-site leased workers
from Hexaware Technologies, Inc. The workers are engaged in
activities related to the supply of corporate information
technology (IT) services.
The investigation revealed that workers of Unisys
Corporation, UIT Division, who are engaged in activities
related to the supply of IT services, meet the criteria for
certification.
Criterion I has been met because a significant proportion
of the workers at Unisys Corporation, UIT Division, have been
separated during the relevant period.
Criterion II has been met because the workers’ firm has
acquired from a foreign country (India) services like or
directly competitive with the corporate IT services supplied
in Plymouth, Michigan.
Criterion III has been met because the acquisition of
corporate IT services from India by Unisys Corporation, UIT
Division contributed importantly to worker group separations
at the Plymouth, Michigan facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Unisys Corporation,
Technology Business Segment, Unisys Information Technology
Division (formerly known as BETT), Plymouth, Michigan, who are
engaged in activities related to the supply of corporate
information technology 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:
“Unisys Corporation, Technology Business Segment, Unisys
Corporation, Technology Business Segment, Unisys
Information Technology Division (formerly known as BETT),
including on-site leased workers from Hexaware
Technologies, Inc., Plymouth, Michigan, who became totally
or partially separated from employment on or after
September 11, 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 29th day of April, 2010.
/s/Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance
6
Employment and Training Administration
TA-W-72,286
UNISYS CORPORTAION
TECHNOLOGY BUSINESS SEGMENT
UNISYS INFORMATION TECHNOLOGY DIVISION
FORMERLY KNOWN AS BETT
INCLUDING EMPLOYEES WORKING OFF-SITE IN
COLORADO, MINNESOTA, OHIO, AND WISCONSIN
AND ON-SITE LEASED WORKERS FROM
HEXAWARE TECHNOLOGIES, INC.
PLYMOUTH, MICHIGAN
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 April 29, 2010, applicable to workers
of Unisys Corporation, Technology Business Segment, Unisys
Information Technology Division, formerly known as BETT,
including on-sit leased workers from Hexaware Technologies,
Inc., Plymouth, Michigan. The notice was published in the
Federal Register ON May 28, 2010 (75 FR 30071).
At the request of the petitioners, the Department reviewed
the certification for workers of the subject firm. The workers
are engaged in activities related to the supply of corporate
information technology (IT) services.
New information shows that worker separations have occurred
involving employees under the control of the Plymouth, Michigan
location of Unisys Corporation, Technology Business Segment,
Unisys Information Technology Division, formerly known as BETT,
working off-site in Colorado, Minnesota, Ohio, and Wisconsin.
These employees provide various activities related to the supply
of corporate information technology (IT) services.
Based on these findings, the Department is amending this
certification to include employees of the Plymouth, Michigan
facility of the subject firm working off-site in Colorado, Ohio,
Minnesota, and Wisconsin.
The intent of the Department’s certification is to include
all workers of the subject firm who were adversely affected by
the acquisition of corporate IT services from India.
The amended notice applicable to TA-W-72,286 is hereby
issued as follows:
“All workers of Unisys Corporation, Technology Business
Segment, Unisys Corporation, Technology Business Segment,
Unisys Information Technology Division, formerly known as
BETT, including employees working off-site in Colorado,
Ohio, Minnesota, and Wisconsin, and on-site leased workers
from Hexaware Technologies, Inc., Plymouth, Michigan, who
became totally or partially separated from employment on or
after September 11, 2008 through April 29, 2012, 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 June, 2010
/s/ Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Division of
Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-72,286
UNISYS CORPORATION
TECHNOLOGY BUSINESS SEGMENT
UNISYS INFORMATION TECHNOLOGY DIVISION
(FORMERLY KNOWN AS BETT)
INCLUDING ON-SITE LEASED WORKERS FROM
HEXAWARE TECHNOLOGIES, INC.
PLYMOUTH, MICHIGAN
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 14, 2009 on behalf of workers of Unisys
Corporation, Technology Business Segment, Unisys Information
Technology Division (formerly known as BETT), Plymouth,
Michigan (hereinafter referred to as Unisys Corporation, UIT
Division). The worker group includes on-site leased workers
from Hexaware Technologies, Inc. The workers are engaged in
activities related to the supply of corporate information
technology (IT) services.
The investigation revealed that workers of Unisys
Corporation, UIT Division, who are engaged in activities
related to the supply of IT services, meet the criteria for
certification.
Criterion I has been met because a significant proportion
of the workers at Unisys Corporation, UIT Division, have been
separated during the relevant period.
Criterion II has been met because the workers’ firm has
acquired from a foreign country (India) services like or
directly competitive with the corporate IT services supplied
in Plymouth, Michigan.
Criterion III has been met because the acquisition of
corporate IT services from India by Unisys Corporation, UIT
Division contributed importantly to worker group separations
at the Plymouth, Michigan facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Unisys Corporation,
Technology Business Segment, Unisys Information Technology
Division (formerly known as BETT), Plymouth, Michigan, who are
engaged in activities related to the supply of corporate
information technology 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:
“Unisys Corporation, Technology Business Segment, Unisys
Corporation, Technology Business Segment, Unisys
Information Technology Division (formerly known as BETT),
including on-site leased workers from Hexaware
Technologies, Inc., Plymouth, Michigan, who became totally
or partially separated from employment on or after
September 11, 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 29th day of April, 2010.
/s/Richard Church
______________________________
RICHARD CHURCH
Certifying Officer, Division of
Trade Adjustment Assistance
6