DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-72,482

GEMSTONE SYSTEMS, INC.
INCLUDING ON-SITE LEASED WORKERS FROM BOCCI DESIGN
BEAVERTON, OREGON

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 October 2, 2009 by the State Workforce Office on
behalf of workers of GemStone Systems, Inc., Beaverton, Oregon
(GemStone Systems, Inc.). The workers provide software design
and professional services.
The investigation revealed that workers of GemStone
Systems, Inc. who are engaged in employment related to
software design and professional services meet the criteria
for certification.
Criterion I has been met because a significant proportion
of the workers have been separated during the relevant period.
Criterion II has been satisfied because the workers' firm
shifted to India the supply of services like or directly
competitive with the services supplied by the workers.
Criterion III has been met because the shift of services
to India by GemStone Systems, Inc. contributed importantly to
worker group separations at the Beaverton, Oregon facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of GemStone Systems,
Inc., including on-site leased workers from Bocci Design,
Beaverton, Oregon, who are engaged in employment related to
software design and professional 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 GemStone Systems, Inc., including on-site
leased workers from Bocci Design, Beaverton, Oregon, who
became totally or partially separated from employment on or
after October 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 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 18th day of December, 2009

/s/ Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Division of
Trade Adjustment Assistance