Petitioner Type: Workers
Impact Date: 03/19/2009
Filed Date: 04/06/2010
Most Recent Update: 06/08/2010
Determination Date: 06/08/2010
Expiration Date: 06/08/2012
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-73,862
JC PENNEY CORPORATION, INC.
IT APPLICATION SUPPORT AND MAINTENANCE
INCLUDING ON-SITE LEASED WORKERS FROM
ANITA ANDERSON AND ASSOCIATES INC., ABACUS TECHNICAL SERVICES,
INC., ADEAL SOLUTIONS, INC., ALLIANCE PROFESSIONALS AND
CONSULTANTS, INC., BUSINESS CONTROL SYSTEMS, LP., CAPSTONE,
INC., CPM CONSULTING, LLC., GALLOP SOLUTIONS, INC., I2
TECHNOLOGIES, INC., INFOSYS TECNOLOGIES, LTD., INFOVISION
CONSULTANTS, INC., THE INSOURCE GROUP, INC. IOLAP, INC.,
MIDWEST CONSULTING GROUP, INC., DPP, INC., DBA NEW DATA,
ODYSSEY INFORMATION SERVICES, INC., PALADIN CONSULTING, INC.,
PINNACLE TECHNICAL RESOURCES, INC, RBM CONSULTING SERVICES,
LLC., RCG INFORMATION TECHNOLOGY, INC., SOFTWARE
PROFESSIONALS, INC., SYSTEMWARE PROFESSIONAL SERVICES, INC.,
VACO DALLAS, LLC. AND WIPRO LIMITIED
PLANO, TEXAS
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 April 6, 2010 on behalf of the workers of JC Penney
Corporation, Inc., IT Application Support and Maintenance,
Plano, Texas (JC Penney). The workers are engaged in
activities related to software engineering services. The group
consists of on-site leased workers from Anita Anderson &
Associates, Inc., Abacus Technical Services, Inc., Adea
Solutions, Inc., Alliance Professionals & Consultants, Inc.,
Business Control Systems, LP., Capstone, Inc., CPM Consulting,
LLC., Gallop Solutions, Inc., I2 Technologies, Inc., Infosys
Technologies, LTD., Infovision Consultants, Inc., The Insource
Group, Inc., IOLAP, Inc., Midwest Consulting Group, Inc., DPP,
Inc., dba New Data, Odyssey Information Services Inc., Paladin
Consulting, Inc., Pinnacle Technical Resources, RBM Consulting
Services, LLC., RCG Information Technology, Inc., Software
Professionals, Inc., Systemware Professional Services, Inc.,
Vaco Dallas, LLC. and Wipro Limited.
The investigation revealed that workers of JC Penney who
are engaged in activities related to software engineering
services meet the criteria for certification.
Criterion I has been met because a significant number or
proportion of the workers at JC Penney have become totally or
partially separated.
Criterion II has been satisfied because there has been a
shift by JC Penney to a foreign country in the supply of
services like or directly competitive with those supplied by the
workers' firm.
Criterion III has been met because the shift of software
engineering services to India by JC Penney contributed
importantly to worker group separations at JC Penney.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of JC Penney
Corporation, Inc., IT Application Support and Maintenance,
including on-site leased workers from Anita Anderson &
Associates Inc., Abacus Technical Services, Inc., Adea
Solutions, Inc., Alliance Professionals & Consultants, Inc.,
Business Control Systems, LP., Capstone, Inc., CPM Consulting,
LLC., Gallop Solutions, Inc., I2 Technologies, Inc., Infosys
Technologies, LTD., Infovision Consultants, Inc., The Insource
Group, Inc., IOLAP, Inc., Midwest Consulting Group, Inc., DPP,
Inc., dba New Data, Odyssey Information Services Inc., Paladin
Consulting, Inc., Pinnacle Technical Resources, RBM Consulting
Services, LLC., RCG Information Technology, Inc., Software
Professionals, Inc., Systemware Professional Services, Inc.,
Vaco Dallas, LLC. and Wipro Limited, Plano, Texas, who are
engaged in activities related to software engineering 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 JC Penney Corporation, Inc., IT
Application Support and Maintenance, including on-site
leased workers from Anita Anderson & Associates Inc.,
Abacus Technical Services, Inc., Adea Solutions, Inc.,
Alliance Professionals & Consultants, Inc., Business
Control Systems, LP., Capstone, Inc., CPM Consulting, LLC.,
Gallop Solutions, Inc., I2 Technologies, Inc., Infosys
Technologies, LTD., Infovision Consultants, Inc., The
Insource Group, Inc., IOLAP, Inc., Midwest Consulting
Group, Inc., DPP, Inc., dba New Data, Odyssey Information
Services Inc., Paladin Consulting, Inc., Pinnacle Technical
Resources, RBM Consulting Services, LLC., RCG Information
Technology, Inc., Software Professionals, Inc., Systemware
Professional Services, Inc., Vaco Dallas, LLC. and Wipro
Limited, Plano, Texas, who became totally or partially
separated from employment on or after March 19, 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 8th day of June, 2010.
/s/Elliott S. Kushner__________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-73,862
JC PENNEY CORPORATION, INC.
IT APPLICATION SUPPORT AND MAINTENANCE
INCLUDING ON-SITE LEASED WORKERS FROM
ANITA ANDERSON AND ASSOCIATES INC., ABACUS TECHNICAL SERVICES,
INC., ADEAL SOLUTIONS, INC., ALLIANCE PROFESSIONALS AND
CONSULTANTS, INC., BUSINESS CONTROL SYSTEMS, LP., CAPSTONE,
INC., CPM CONSULTING, LLC., GALLOP SOLUTIONS, INC., I2
TECHNOLOGIES, INC., INFOSYS TECNOLOGIES, LTD., INFOVISION
CONSULTANTS, INC., THE INSOURCE GROUP, INC. IOLAP, INC.,
MIDWEST CONSULTING GROUP, INC., DPP, INC., DBA NEW DATA,
ODYSSEY INFORMATION SERVICES, INC., PALADIN CONSULTING, INC.,
PINNACLE TECHNICAL RESOURCES, INC, RBM CONSULTING SERVICES,
LLC., RCG INFORMATION TECHNOLOGY, INC., SOFTWARE
PROFESSIONALS, INC., SYSTEMWARE PROFESSIONAL SERVICES, INC.,
VACO DALLAS, LLC. AND WIPRO LIMITIED
PLANO, TEXAS
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 April 6, 2010 on behalf of the workers of JC Penney
Corporation, Inc., IT Application Support and Maintenance,
Plano, Texas (JC Penney). The workers are engaged in
activities related to software engineering services. The group
consists of on-site leased workers from Anita Anderson &
Associates, Inc., Abacus Technical Services, Inc., Adea
Solutions, Inc., Alliance Professionals & Consultants, Inc.,
Business Control Systems, LP., Capstone, Inc., CPM Consulting,
LLC., Gallop Solutions, Inc., I2 Technologies, Inc., Infosys
Technologies, LTD., Infovision Consultants, Inc., The Insource
Group, Inc., IOLAP, Inc., Midwest Consulting Group, Inc., DPP,
Inc., dba New Data, Odyssey Information Services Inc., Paladin
Consulting, Inc., Pinnacle Technical Resources, RBM Consulting
Services, LLC., RCG Information Technology, Inc., Software
Professionals, Inc., Systemware Professional Services, Inc.,
Vaco Dallas, LLC. and Wipro Limited.
The investigation revealed that workers of JC Penney who
are engaged in activities related to software engineering
services meet the criteria for certification.
Criterion I has been met because a significant number or
proportion of the workers at JC Penney have become totally or
partially separated.
Criterion II has been satisfied because there has been a
shift by JC Penney to a foreign country in the supply of
services like or directly competitive with those supplied by the
workers' firm.
Criterion III has been met because the shift of software
engineering services to India by JC Penney contributed
importantly to worker group separations at JC Penney.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of JC Penney
Corporation, Inc., IT Application Support and Maintenance,
including on-site leased workers from Anita Anderson &
Associates Inc., Abacus Technical Services, Inc., Adea
Solutions, Inc., Alliance Professionals & Consultants, Inc.,
Business Control Systems, LP., Capstone, Inc., CPM Consulting,
LLC., Gallop Solutions, Inc., I2 Technologies, Inc., Infosys
Technologies, LTD., Infovision Consultants, Inc., The Insource
Group, Inc., IOLAP, Inc., Midwest Consulting Group, Inc., DPP,
Inc., dba New Data, Odyssey Information Services Inc., Paladin
Consulting, Inc., Pinnacle Technical Resources, RBM Consulting
Services, LLC., RCG Information Technology, Inc., Software
Professionals, Inc., Systemware Professional Services, Inc.,
Vaco Dallas, LLC. and Wipro Limited, Plano, Texas, who are
engaged in activities related to software engineering 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 JC Penney Corporation, Inc., IT
Application Support and Maintenance, including on-site
leased workers from Anita Anderson & Associates Inc.,
Abacus Technical Services, Inc., Adea Solutions, Inc.,
Alliance Professionals & Consultants, Inc., Business
Control Systems, LP., Capstone, Inc., CPM Consulting, LLC.,
Gallop Solutions, Inc., I2 Technologies, Inc., Infosys
Technologies, LTD., Infovision Consultants, Inc., The
Insource Group, Inc., IOLAP, Inc., Midwest Consulting
Group, Inc., DPP, Inc., dba New Data, Odyssey Information
Services Inc., Paladin Consulting, Inc., Pinnacle Technical
Resources, RBM Consulting Services, LLC., RCG Information
Technology, Inc., Software Professionals, Inc., Systemware
Professional Services, Inc., Vaco Dallas, LLC. and Wipro
Limited, Plano, Texas, who became totally or partially
separated from employment on or after March 19, 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 8th day of June, 2010.
/s/Elliott S. Kushner__________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance