Certified
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TAW-73657  /  SunGard Public Sector (Lake Mary, FL)

Petitioner Type: Company
Impact Date: 03/05/2009
Filed Date: 03/08/2010
Most Recent Update: 08/26/2010
Determination Date: 08/26/2010
Expiration Date: 08/26/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-73,657

SUNGARD PUBLIC SECTOR
A SUBSIDIARY OF SUNGARD DATA SYSTEMS
LAKE MARY, FLORIDA

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 March 8, 2010 by a company official on behalf of
workers of SunGard Public Sector, a subsidiary of SunGard Data
Systems, Lake Mary, Florida (SunGard Public Sector). The
workers are engaged in activities related to programming,
testing and training services of software products.
The investigation revealed that workers of SunGard Public
Sector who are engaged in activities related to the provision
of programming, testing and training services meet the criteria
for certification.
Criterion I has been met because a significant number or
proportion of the workers have been totally or partially
separated or threatened with separation.
Criterion II has been satisfied because the workers' firm
has shifted to India the provision of programming, testing and
training services like or directly competitive with the
programming, testing and training services provided by the
workers.
Criterion III has been met because the shift of
programming, testing and training services to an affiliated
foreign supplier by SunGard Public Sector has contributed
importantly to worker group separations at the subject firm.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of SunGard Public
Sector, a subsidiary of SunGard Data Systems, Lake Mary,
Florida, who are engaged in activities related to the provision
of programming, testing and training 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 Public Sector, a subsidiary of
SunGard Data Systems, Lake Mary, Florida, who became
totally or partially separated from employment on or after
March 5, 2009, 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 26th day of August, 2010.


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