Certified
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TAW-73162  /  Imation Corporation (Saint Paul, MN)

Petitioner Type: State
Impact Date: 12/21/2008
Filed Date: 12/29/2009
Most Recent Update: 04/08/2010
Determination Date: 04/08/2010
Expiration Date: 04/08/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-73,162

IMATION CORPORATION
INFRASTRUCTURE & OPERATIONS DIVISION
INCLUDING ON-SITE LEASED WORKERS FROM
CHARTER SOLUTIONS INC. AND ROBERT HALF INTERNATIONAL
OAKDALE, MINNESOTA

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 December 29, 2009, by a state agency representative on
behalf of workers of Imation Corporation, Infrastructure &
Operations Division, Oakdale, Minnesota. The workers supply
information technology services. The worker group includes on-
site leased workers from Charter Solutions Inc. and Robert Half
International.
The investigation revealed that workers of Imation
Corporation, Infrastructure & Operations Division, who are
engaged in employment related to information technology
services meet the criteria for certification.
Criterion I has been met because a significant proportion
of workers were separated or threatened to become 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.
Criterion III has been met because the acquisition of
services from a foreign country contributed importantly to
worker group separations in the Infrastructure & Operations
Division.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Imation Corporation,
Infrastructure & Operations Division, Oakdale, Minnesota, 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 Imation Corporation, Infrastructure &
Operations Division, including on-site leased workers
from Charter Solutions, Inc., and Robert Half
International, Oakdale, Minnesota, who became totally or
partially separated from employment on or after December
21, 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 8th day of April, 2010


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