Petitioner Type: State
Impact Date: 06/25/2008
Filed Date: 11/24/2009
Most Recent Update: 01/25/2010
Determination Date: 01/25/2010
Expiration Date: 01/25/2012
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-72,933
HEWLETT PACKARD
HEWLETT PACKARD – ENTERPRISE BUSINESS SERVICES
FORMERLY KNOWN ON ELECTRONIC DATA SYSTEMS
INCLUDING ON-SITE LEASED WORKERS FROM SUN MICROSYSTEMS, INC.,
DELL COMPUTER CORP., EMC CORP., EMC CORP TOTAL,
CISCO SYSTEMS CAPITAL CORPORATION, MICROSOFT CORP.,
SYMANTEC CORP., XEROX CORP., VMWARE, INC., SUN MICROSYSTEMS
FEDERAL, INC., ABM BUSINESS MACHINES, INC., AND VISION IT
PONTIAC, 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 January 25, 2010, applicable to workers
of Hewlett Packard, Hewlett Packard - Enterprise Business
Services, formerly known as Electronic Data Systems, including
on-site leased workers from the above listed firms, Pontiac,
Michigan. The Department’s Notice of determination was
published in the Federal Register on March 5, 2010 (75 FR
10322). The notice was amended on July 13, 2010 to correct the
impact date. The notice was published in the Federal Register
on July 26, 2010 (75 43555)
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 information technology
services.
New information shows that workers leased from Vision IT
were employed on-site at the Pontiac, Michigan location of
Hewlett Packard, Hewlett Packard – Enterprise Business Services,
formerly known as Electronic Data Systems. The Department has
determined that these workers were sufficiently under the
control of Hewlett Packard, Hewlett Packard – Enterprise
Business Services, formerly known as Electronic Data Systems to
be considered leased workers.
Based on these findings, the Department is amending this
certification to include workers leased from Vision IT working
on-site at the Pontiac, Michigan location of Hewlett Packard,
Hewlett Packard – Enterprise Business Services, formerly known
as Electronic Data Systems.
The intent of the Department’s certification is to include
all workers employed Hewlett Packard, Hewlett Packard –
Enterprise Business Services, formerly known as Electronic Data
Systems who were adversely affected by the acquisition of
information technology services to India.
Accordingly, the Department is amending this certification
to properly reflect this matter.
The amended notice applicable to TA-W-72,933 is hereby
issued as follows:
“All workers of Hewlett Packard, Hewlett Packard
Enterprise Services, formerly known as Electronic Data
Systems, including on-site leased workers from Sun
Microsystems, Inc., Dell Computers Corp., EMC Corp., EMC
Corp. Total, Cisco Systems Capital Corp., Microsoft
Corp., Symantec Corp., Xerox Corp., VMWare, Inc., Sun
Microsystems Federal, Inc., ABM Business Machines, Inc.,
Vision IT, Pontiac, Michigan, who became totally or
partially separated from employment on or after June 25,
2008, through January 25, 2012, and all workers in the
group threatened with total or partial separation from
employment on date of certification through January 25,
2012, 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 8th day of October, 2010
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-72,933
HEWLETT PACKARD
HEWLETT PACKARD – ENTERPRISE BUSINESS SERVICES
FORMERLY KNOWN ON ELECTRONIC DATA SYSTEMS
INCLUDING ON-SITE LEASED WORKERS FROM SUN MICROSYSTEMS, INC.,
DELL COMPUTER CORPORATION, EMC CORP, EMC CORP TOTAL,
CISCO SYSTEMS CAPITAL CORPORATION, MICROSOFT CORP.,
SYMANTEC CORP, XEROX CORP, VMWARE, INC., SUN MICROSYSTEMS
FEDERAL INC. AND ABM BUSINESS MACHINES INC.
PONTIAC, 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 November 24, 2009 by the State of Michigan on behalf
of workers of Hewlett Packard, Hewlett Packard Enterprise
Services, formerly known as Electronic Data Systems, Pontiac,
Michigan (HP). The workers are engaged in activities related
to information technology services. The group consists of on-
site leased workers from Sun Microsystems, Inc., Dell Computers
Corp., EMC Corp, EMC Corp. Total, Cisco Systems Capital
Corporation, Microsoft Corp., Symantec Corp., Xerox Corp.,
VMWare, Inc., Sun Microsystems Federal Inc., and ABM Business
Machines, Inc.
The investigation revealed that workers of HP who are
engaged in activities related to information technology
services meet the criteria for certification.
Criterion I has been met because a significant number or
proportion of the workers in the workers’ firm must have become
totally or partially separated during the relevant period.
Criterion II has been satisfied because there has been an
acquisition from a foreign country by the workers’ firm of
services that are like or directly competitive with those
supplied by the workers’ firm.
Criterion III has been met because the acquisition of
information technology services from India, Mexico, and Spain
by HP contributed importantly to worker group separations at
HP.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Hewlett Packard,
Hewlett Packard Enterprise Services, formerly known as
Electronic Data Systems, including on-site leased workers from
Sun Microsystems, Inc., Dell Computers Corp., EMC Corp, EMC
Corp. Total, Cisco Systems Capital Corporation, Microsoft
Corp., Symantec Corp., Xerox Corp., VMWare, Inc., Sun
Microsystems Federal Inc., and ABM Business Machines, Inc.,
Pontiac, Michigan, who are engaged in employment related to
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:
“All workers of Hewlett Packard, Hewlett Packard
Enterprise Services, formerly known as Electronic Data
Systems, including on-site leased workers from Sun
Microsystems, Inc., Dell Computers Corp., EMC Corp, EMC
Corp. Total, Cisco Systems Capital Corporation, Microsoft
Corp., Symantec Corp., Xerox Corp., VMWare, Inc., Sun
Microsystems Federal Inc., and ABM Business Machines,
Inc., Pontiac, Michigan, who became totally or partially
separated from employment on or after October 30, 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 25th day of January, 2010.
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
- 7 -
Employment and Training Administration
TA-W-72,933
HEWLETT PACKARD
HEWLETT PACKARD – ENTERPRISE BUSINESS SERVICES
FORMERLY KNOWN ON ELECTRONIC DATA SYSTEMS
INCLUDING ON-SITE LEASED WORKERS FROM SUN MICROSYSTEMS, INC.,
DELL COMPUTER CORP., EMC CORP., EMC CORP TOTAL,
CISCO SYSTEMS CAPITAL CORPORATION, MICROSOFT CORP.,
SYMANTEC CORP., XEROX CORP., VMWARE, INC., SUN MICROSYSTEMS
FEDERAL, INC., ABM BUSINESS MACHINES, INC., AND VISION IT
PONTIAC, 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 January 25, 2010, applicable to workers
of Hewlett Packard, Hewlett Packard - Enterprise Business
Services, formerly known as Electronic Data Systems, including
on-site leased workers from the above listed firms, Pontiac,
Michigan. The Department’s Notice of determination was
published in the Federal Register on March 5, 2010 (75 FR
10322). The notice was amended on July 13, 2010 to correct the
impact date. The notice was published in the Federal Register
on July 26, 2010 (75 43555)
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 information technology
services.
New information shows that workers leased from Vision IT
were employed on-site at the Pontiac, Michigan location of
Hewlett Packard, Hewlett Packard – Enterprise Business Services,
formerly known as Electronic Data Systems. The Department has
determined that these workers were sufficiently under the
control of Hewlett Packard, Hewlett Packard – Enterprise
Business Services, formerly known as Electronic Data Systems to
be considered leased workers.
Based on these findings, the Department is amending this
certification to include workers leased from Vision IT working
on-site at the Pontiac, Michigan location of Hewlett Packard,
Hewlett Packard – Enterprise Business Services, formerly known
as Electronic Data Systems.
The intent of the Department’s certification is to include
all workers employed Hewlett Packard, Hewlett Packard –
Enterprise Business Services, formerly known as Electronic Data
Systems who were adversely affected by the acquisition of
information technology services to India.
Accordingly, the Department is amending this certification
to properly reflect this matter.
The amended notice applicable to TA-W-72,933 is hereby
issued as follows:
“All workers of Hewlett Packard, Hewlett Packard
Enterprise Services, formerly known as Electronic Data
Systems, including on-site leased workers from Sun
Microsystems, Inc., Dell Computers Corp., EMC Corp., EMC
Corp. Total, Cisco Systems Capital Corp., Microsoft
Corp., Symantec Corp., Xerox Corp., VMWare, Inc., Sun
Microsystems Federal, Inc., ABM Business Machines, Inc.,
Vision IT, Pontiac, Michigan, who became totally or
partially separated from employment on or after June 25,
2008, through January 25, 2012, and all workers in the
group threatened with total or partial separation from
employment on date of certification through January 25,
2012, 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 8th day of October, 2010
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-72,933
HEWLETT PACKARD
HEWLETT PACKARD – ENTERPRISE BUSINESS SERVICES
FORMERLY KNOWN ON ELECTRONIC DATA SYSTEMS
INCLUDING ON-SITE LEASED WORKERS FROM SUN MICROSYSTEMS, INC.,
DELL COMPUTER CORPORATION, EMC CORP, EMC CORP TOTAL,
CISCO SYSTEMS CAPITAL CORPORATION, MICROSOFT CORP.,
SYMANTEC CORP, XEROX CORP, VMWARE, INC., SUN MICROSYSTEMS
FEDERAL INC. AND ABM BUSINESS MACHINES INC.
PONTIAC, 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 November 24, 2009 by the State of Michigan on behalf
of workers of Hewlett Packard, Hewlett Packard Enterprise
Services, formerly known as Electronic Data Systems, Pontiac,
Michigan (HP). The workers are engaged in activities related
to information technology services. The group consists of on-
site leased workers from Sun Microsystems, Inc., Dell Computers
Corp., EMC Corp, EMC Corp. Total, Cisco Systems Capital
Corporation, Microsoft Corp., Symantec Corp., Xerox Corp.,
VMWare, Inc., Sun Microsystems Federal Inc., and ABM Business
Machines, Inc.
The investigation revealed that workers of HP who are
engaged in activities related to information technology
services meet the criteria for certification.
Criterion I has been met because a significant number or
proportion of the workers in the workers’ firm must have become
totally or partially separated during the relevant period.
Criterion II has been satisfied because there has been an
acquisition from a foreign country by the workers’ firm of
services that are like or directly competitive with those
supplied by the workers’ firm.
Criterion III has been met because the acquisition of
information technology services from India, Mexico, and Spain
by HP contributed importantly to worker group separations at
HP.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Hewlett Packard,
Hewlett Packard Enterprise Services, formerly known as
Electronic Data Systems, including on-site leased workers from
Sun Microsystems, Inc., Dell Computers Corp., EMC Corp, EMC
Corp. Total, Cisco Systems Capital Corporation, Microsoft
Corp., Symantec Corp., Xerox Corp., VMWare, Inc., Sun
Microsystems Federal Inc., and ABM Business Machines, Inc.,
Pontiac, Michigan, who are engaged in employment related to
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:
“All workers of Hewlett Packard, Hewlett Packard
Enterprise Services, formerly known as Electronic Data
Systems, including on-site leased workers from Sun
Microsystems, Inc., Dell Computers Corp., EMC Corp, EMC
Corp. Total, Cisco Systems Capital Corporation, Microsoft
Corp., Symantec Corp., Xerox Corp., VMWare, Inc., Sun
Microsystems Federal Inc., and ABM Business Machines,
Inc., Pontiac, Michigan, who became totally or partially
separated from employment on or after October 30, 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 25th day of January, 2010.
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
- 7 -