Corrected Copy: 9/1/2010

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-72,608

QUARK, INC.
TECHNICAL SUPPORT DIVISION
DENVER, COLORADO

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 16, 2009 on behalf of workers of Quark, Inc.,
Technical Support Division, Denver, Colorado. The workers are
engaged in work related to the supply of technical support
services for software.
The investigation revealed that workers of Quark, Inc. who
are engaged in employment related to the supply of technical
support services meet the criteria for certification.
Criterion I has been met because a significant proportion
of the workers were separated during the relevant time period.
Criterion II has been satisfied because the workers’ firm
has shifted to a foreign country the supply of services like
or directly competitive with the technical support services
supplied by the workers.
Criterion III has been met because the shift of services
contributed importantly to worker group separations at Quark,
Inc.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Quark, Inc.,
Technical Support Division, Denver, Colorado who are engaged in
employment related to the supply of technical support 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 Quark, Inc., Technical Support Division,
Denver, Colorado who became totally or partially separated
from employment on or after October 13, 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 7th day of July, 2010

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