Petitioner Type: Workers
Impact Date: 11/25/2008
Filed Date: 11/30/2009
Most Recent Update: 03/03/2010
Determination Date: 03/03/2010
Expiration Date: 03/03/2012
Other Worker Groups on This Petition
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-72,972
SUNGARD HIGHER EDUCATION, INC.
DEVELOPMENT DIVISION
INCLUDING ON-SITE LEASED WORKERS OF INTUITIVE
INCLUDING OFF-SITE WORKERS ACROSS THE UNITED STATES
MALVERN, PENNSYLVANIA
TA-W-72,972A
SUNGARD HIGHER EDUCATION, INC.
CONSULTING PRACTICES DIVISION
INCLUDING ON-SITE LEASED WORKERS OF CICCARIELLO CONSULTING,
INSTAMATION, INC., DYNAMIC METHODS, COLLEGIATE, CORNELIUS
PROFESSIONAL SERVICES, CIBER, UC4 AND ENVISIONS
INCLUDING OFF-SITE WORKERS ACROSS THE UNITED STATES
MALVERN, PENNSYLVANIA
TA-W-72,972B
SUNGARD HIGHER EDUCATION, INC.
ACTIONLINE DIVISION
INCLUDING ON-SITE LEASED WORKERS OF SICOM
INCLUDING OFF-SITE WORKERS ACROSS THE UNITED STATES
MALVERN, PENNSYLVANIA
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 March 3, 2010, applicable to workers of
SunGard Higher Education, Inc., Malvern, Pennsylvania. The
Department’s notice of determination was published in the
Federal Register on April 23, 2010 (75 FR 21361).
At the request of State agency, the Department reviewed the
certification for workers of the subject firm. The workers are
engaged in employment related to the supply of computer systems
design and support services for colleges and universities.
New information shows that worker separations have occurred
involving off-site employees of the Development Division, the
Consulting Practices Division and the Actionline Division of
SunGard Higher Education, Inc., Malvern, Pennsylvania.
Employees working off-site across the United States are under
the control of the subject firm and the supply of computer
systems design and support services for the subject firm.
The intent of the Department’s certification is to include
all workers of the subject firm who were adversely affected by
shift in services of employment related to the supply of
computer systems design and support services to India.
Based on these findings, the Department is amending this
certification to include employees of the subject firm’s
Malvern, Pennsylvania, facility working off-site across the
United States.
The amended notice applicable to TA-W-72,972, TA-W-72972A,
and TA-W-72,972B, are hereby issued as follows:
“All workers of SunGard Higher Education, Inc.,
Development Division, including on-site leased workers of
Intuitive, including off-site workers across the United
States, Malvern, Pennsylvania (TA-W-72,972); SunGard
Higher Education, Inc., Consulting Practices Division,
including on-site leased workers of Ciccariello
Consulting, Instamation, Inc., Dynamic Methods,
Collegiate, Cornelius Professional Services, Ciber, UC4
and Envisions, including off-site workers across the
United States, Malvern, Pennsylvania (TA-W-72,972A);
SunGard Higher Education, Inc., Actionline Division,
including on-site leased workers of SICOM, including off-
site workers across the United States, Malvern,
Pennsylvania (TA-W-72,972B) who became totally or partially
separated from employment on or after November 25, 2008,
through March 3, 2012, 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 24th day of January, 2011
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Office of
Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-72,972
SUNGARD HIGHER EDUCATION, INC.
DEVELOPMENT DIVISION
INCLUDING ON-SITE LEASED WORKERS OF INTUITIVE
MALVERN, PENNSYLVANIA
TA-W-72,972A
SUNGARD HIGHER EDUCATION, INC.
CONSULTING PRACTICES DIVISION
INCLUDING ON-SITE LEASED WORKERS OF CICCARIELLO CONSULTING,
INSTAMATION, INC., DYNAMIC METHODS, COLLEGIATE, CORNELIUS
PROFESSIONAL SERVICES, CIBER, UC4 AND ENVISIONS
MALVERN, PENNSYLVANIA
TA-W-72,972B
SUNGARD HIGHER EDUCATION, INC.
ACTIONLINE DIVISION
INCLUDING ON-SITE LEASED WORKERS OF SICOM
MALVERN, 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 20, 2009 by three workers on behalf of
workers of SunGard Higher Education, Inc., Malvern,
Pennsylvania. The workers are engaged in employment related to
the supply of computer systems design and support services for
colleges and universities. The investigation revealed the
workers are separately identifiable by division and the
affected worker group includes workers from the Development
(TA-W-72,972), Consulting Practices (TA-W-72,972A) and
Actionline (TA-W-72,972B) Divisions. The worker group includes
on-site leased workers within each division which are listed
below.
The investigation revealed that workers of SunGard Higher
Education, Inc., Malvern, Pennsylvania (TA-W-72,972 and TA-W-
72,972A and TA-W-72,972B) who are engaged in employment
related to the supply of computer systems design and support
services meet the criteria for certification.
Criterion I has been met because a significant number of
the workers have become separated and are threatened with
separation during the relevant period.
Criterion II has been met because the firm has shifted to
a foreign country the supply of services like or directly
competitive with the services supplied at the Malvern,
Pennsylvania facility.
Criterion III has been met because the shift in computer
systems design and support services to India by SunGard Higher
Education, Inc. contributed importantly to worker group
separations at the Malvern, Pennsylvania facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of SunGard Higher
Education, Inc., Development Division, including on-site
leased workers of Intuitive, Malvern, Pennsylvania (TA-W-
72,972); SunGard Higher Education, Inc., Consulting Practices
Division, including on-site leased workers of Ciccariello
Consulting, Instamation, Inc., Dynamic Methods, Collegiate,
Cornelius Professional Services, Ciber, UC4 and Envisions,
Malvern, Pennsylvania (TA-W-72,972A); SunGard Higher
Education, Inc., Actionline Division, including on-site leased
workers of SICOM, Malvern, Pennsylvania (TA-W-72,972B) who are
engaged in employment related to the supply of computer systems
design and 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 SunGard Higher Education, Inc.,
Development Division, including on-site leased workers of
Intuitive, Malvern, Pennsylvania (TA-W-72,972); SunGard
Higher Education, Inc., Consulting Practices Division,
including on-site leased workers of Ciccariello
Consulting, Instamation, Inc., Dynamic Methods,
Collegiate, Cornelius Professional Services, Ciber, UC4
and Envisions, Malvern, Pennsylvania (TA-W-72,972A);
SunGard Higher Education, Inc., Actionline Division,
including on-site leased workers of SICOM, Malvern,
Pennsylvania (TA-W-72,972B) who became totally or partially
separated from employment on or after November 25, 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 3rd day of March, 2010
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
10
Employment and Training Administration
TA-W-72,972
SUNGARD HIGHER EDUCATION, INC.
DEVELOPMENT DIVISION
INCLUDING ON-SITE LEASED WORKERS OF INTUITIVE
INCLUDING OFF-SITE WORKERS ACROSS THE UNITED STATES
MALVERN, PENNSYLVANIA
TA-W-72,972A
SUNGARD HIGHER EDUCATION, INC.
CONSULTING PRACTICES DIVISION
INCLUDING ON-SITE LEASED WORKERS OF CICCARIELLO CONSULTING,
INSTAMATION, INC., DYNAMIC METHODS, COLLEGIATE, CORNELIUS
PROFESSIONAL SERVICES, CIBER, UC4 AND ENVISIONS
INCLUDING OFF-SITE WORKERS ACROSS THE UNITED STATES
MALVERN, PENNSYLVANIA
TA-W-72,972B
SUNGARD HIGHER EDUCATION, INC.
ACTIONLINE DIVISION
INCLUDING ON-SITE LEASED WORKERS OF SICOM
INCLUDING OFF-SITE WORKERS ACROSS THE UNITED STATES
MALVERN, PENNSYLVANIA
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 March 3, 2010, applicable to workers of
SunGard Higher Education, Inc., Malvern, Pennsylvania. The
Department’s notice of determination was published in the
Federal Register on April 23, 2010 (75 FR 21361).
At the request of State agency, the Department reviewed the
certification for workers of the subject firm. The workers are
engaged in employment related to the supply of computer systems
design and support services for colleges and universities.
New information shows that worker separations have occurred
involving off-site employees of the Development Division, the
Consulting Practices Division and the Actionline Division of
SunGard Higher Education, Inc., Malvern, Pennsylvania.
Employees working off-site across the United States are under
the control of the subject firm and the supply of computer
systems design and support services for the subject firm.
The intent of the Department’s certification is to include
all workers of the subject firm who were adversely affected by
shift in services of employment related to the supply of
computer systems design and support services to India.
Based on these findings, the Department is amending this
certification to include employees of the subject firm’s
Malvern, Pennsylvania, facility working off-site across the
United States.
The amended notice applicable to TA-W-72,972, TA-W-72972A,
and TA-W-72,972B, are hereby issued as follows:
“All workers of SunGard Higher Education, Inc.,
Development Division, including on-site leased workers of
Intuitive, including off-site workers across the United
States, Malvern, Pennsylvania (TA-W-72,972); SunGard
Higher Education, Inc., Consulting Practices Division,
including on-site leased workers of Ciccariello
Consulting, Instamation, Inc., Dynamic Methods,
Collegiate, Cornelius Professional Services, Ciber, UC4
and Envisions, including off-site workers across the
United States, Malvern, Pennsylvania (TA-W-72,972A);
SunGard Higher Education, Inc., Actionline Division,
including on-site leased workers of SICOM, including off-
site workers across the United States, Malvern,
Pennsylvania (TA-W-72,972B) who became totally or partially
separated from employment on or after November 25, 2008,
through March 3, 2012, 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 24th day of January, 2011
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Office of
Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-72,972
SUNGARD HIGHER EDUCATION, INC.
DEVELOPMENT DIVISION
INCLUDING ON-SITE LEASED WORKERS OF INTUITIVE
MALVERN, PENNSYLVANIA
TA-W-72,972A
SUNGARD HIGHER EDUCATION, INC.
CONSULTING PRACTICES DIVISION
INCLUDING ON-SITE LEASED WORKERS OF CICCARIELLO CONSULTING,
INSTAMATION, INC., DYNAMIC METHODS, COLLEGIATE, CORNELIUS
PROFESSIONAL SERVICES, CIBER, UC4 AND ENVISIONS
MALVERN, PENNSYLVANIA
TA-W-72,972B
SUNGARD HIGHER EDUCATION, INC.
ACTIONLINE DIVISION
INCLUDING ON-SITE LEASED WORKERS OF SICOM
MALVERN, 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 20, 2009 by three workers on behalf of
workers of SunGard Higher Education, Inc., Malvern,
Pennsylvania. The workers are engaged in employment related to
the supply of computer systems design and support services for
colleges and universities. The investigation revealed the
workers are separately identifiable by division and the
affected worker group includes workers from the Development
(TA-W-72,972), Consulting Practices (TA-W-72,972A) and
Actionline (TA-W-72,972B) Divisions. The worker group includes
on-site leased workers within each division which are listed
below.
The investigation revealed that workers of SunGard Higher
Education, Inc., Malvern, Pennsylvania (TA-W-72,972 and TA-W-
72,972A and TA-W-72,972B) who are engaged in employment
related to the supply of computer systems design and support
services meet the criteria for certification.
Criterion I has been met because a significant number of
the workers have become separated and are threatened with
separation during the relevant period.
Criterion II has been met because the firm has shifted to
a foreign country the supply of services like or directly
competitive with the services supplied at the Malvern,
Pennsylvania facility.
Criterion III has been met because the shift in computer
systems design and support services to India by SunGard Higher
Education, Inc. contributed importantly to worker group
separations at the Malvern, Pennsylvania facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of SunGard Higher
Education, Inc., Development Division, including on-site
leased workers of Intuitive, Malvern, Pennsylvania (TA-W-
72,972); SunGard Higher Education, Inc., Consulting Practices
Division, including on-site leased workers of Ciccariello
Consulting, Instamation, Inc., Dynamic Methods, Collegiate,
Cornelius Professional Services, Ciber, UC4 and Envisions,
Malvern, Pennsylvania (TA-W-72,972A); SunGard Higher
Education, Inc., Actionline Division, including on-site leased
workers of SICOM, Malvern, Pennsylvania (TA-W-72,972B) who are
engaged in employment related to the supply of computer systems
design and 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 SunGard Higher Education, Inc.,
Development Division, including on-site leased workers of
Intuitive, Malvern, Pennsylvania (TA-W-72,972); SunGard
Higher Education, Inc., Consulting Practices Division,
including on-site leased workers of Ciccariello
Consulting, Instamation, Inc., Dynamic Methods,
Collegiate, Cornelius Professional Services, Ciber, UC4
and Envisions, Malvern, Pennsylvania (TA-W-72,972A);
SunGard Higher Education, Inc., Actionline Division,
including on-site leased workers of SICOM, Malvern,
Pennsylvania (TA-W-72,972B) who became totally or partially
separated from employment on or after November 25, 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 3rd day of March, 2010
/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
10