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TAW-73956  /  Siemens IT Solutions and Services, Inc. (Mason, OH)

Petitioner Type: Workers
Impact Date: 04/17/2009
Filed Date: 04/19/2010
Most Recent Update: 07/15/2010
Determination Date: 07/15/2010
Expiration Date: 07/15/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-73,956

SIEMENS IT SOLUTIONS AND SERVICES, INC.
A SUBSIDIARY OF SIEMENS CORPORATION
INCLUDING ON-SITE LEASED WORKERS FROM NATIVE STAFFING,
INDOTRONIX, AND CONNEXION
MASON, OHIO

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 19, 2010 on behalf of workers of Siemens IT
Solutions and Services, Inc., a subsidiary of Siemens
Corporation, Mason, Ohio (Siemens IT Solutions and Services).
The workers are engaged in employment related to information
technology (IT) outsourcing and professional consulting
services. The workers are not separately identifiable by
service supplied. The worker group includes on-site leased
workers from Native Staffing, Indotronix, and Connexion.
The investigation revealed that workers of Siemens IT
Solutions and Services, who are engaged in employment related
to the supply of IT outsourcing and professional consulting
services, meet the criteria for certification.
Criterion I has been met because a significant proportion
of workers at Siemens IT Solutions and Services has been
totally or partially separated, or threatened with such
separation, during the relevant period.
Criterion II has been met because Siemens IT Solutions
and Services has shifted to a foreign country the supply of
services like or directly competitive with the service
supplied by the subject workers.
Criterion III has been met because the shift of services
to India contributed importantly to worker group separations
at the Mason, Ohio facility.



Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Siemens IT Solutions
and Services, Mason, Ohio, who are engaged in employment related
to the supply of IT outsourcing and professional consulting
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 Siemens IT Solutions and Services, Inc., a
subsidiary of Siemens Corporation, including on-site
leased workers from Native Staffing, Indotronix, and
Connexion, Mason, Ohio, who became totally or partially
separated from employment on or after April 17, 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 15th day of July, 2010

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