DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-73,092

SUN MICROSYSTEMS, INC.
A SUBSIDIARY OF ORACLE CORPORATION
NETBEANS ENGINEERING DIVISION
SANTA CLARA, CALIFORNIA

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 provided/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
provided/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 December 14, 2009, by the California Employment
Development Department, on behalf of workers of Sun
Microsystems, Inc., a subsidiary of Oracle Corporation,
NetBeans Engineering Division, Santa Clara, California (Sun
Microsystems, Inc., NetBeans Engineering Division). The workers
supply software development services for Sun Microsystems, Inc.
and are not separately identifiable by service supplied.
The investigation revealed that workers of Sun
Microsystems, Inc., NetBeans Engineering Division, who are
engaged in employment related to the supply of software
development services, meet the criteria for certification.
Criterion I has been met because a significant number or
proportion of the workers at Sun Microsystems, Inc., NetBeans
Engineering Division have become totally or partially
separated, or are threatened with such separation.
Criterion II has been met because the subject firm is
shifting the supply of services like or directly competitive
with the software development services supplied by Sun
Microsystems, Inc., NetBeans Engineering Division to foreign
countries.
Criterion III has been met because the shift to Russia
and the Czech Republic contributed importantly to worker group
separations at the Santa Clara, California facility.


Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Sun Microsystems,
Inc., NetBeans Engineering Division, Santa Clara, California,
who are engaged in employment related to the supply of software
development 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 Sun Microsystems, Inc., a subsidiary of
Oracle Corporation, NetBeans Engineering Division, Santa
Clara, California, who became totally or partially
separated from employment on or after December 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 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 28th day of May, 2010

/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Division of
Trade Adjustment Assistance