DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-72,791

SIEMENS INDUSTRY, INC.
INDUSTRIAL AUTOMATION DIVISION
SPRING HOUSE, PENNSYLVANIA

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 November 9, 2009, by three workers on behalf of
workers of Siemens' Industry, Inc., Industrial Automation
Division, Spring House, Pennsylvania. The workers were engaged
in research and development of hardware and software related
to industrial automation.
The investigation revealed that workers of Siemens'
Industry, Inc., Industrial Automation Division, Spring House,
Pennsylvania, who are engaged in employment related to
research and development of hardware and software for
industrial automation meet the criteria for certification.
Criterion I has been met because a significant portion of
the software and hardware research and development group has
been laid off.
Criterion II has been satisfied because Siemens'
Industry, Inc., Industrial Automation Division, Spring House,
Pennsylvania, has shifted to a foreign country a substantial
share of the development of hardware and software.
Criterion III has been met because the shift of
development of software and hardware to Germany by Siemens
Industry, Inc., Industrial Automation Division, Spring House,
Pennsylvania, contributed importantly to worker group
separations at Siemens Industry, Inc., Industrial Automation
Division, Spring House, Pennsylvania.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Siemens' Industry,
Inc., Industrial Automation Division, Spring House,
Pennsylvania, who are engaged in activities related to the
development of software and hardware 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 Siemens' Industry, Inc., Industrial
Automation Division, Spring House, Pennsylvania, who
became totally or partially separated from employment on or
after November 5, 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 11th day of December, 2009.


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