Petitioner Type: Company
Impact Date: 05/10/2009
Filed Date: 05/11/2010
Most Recent Update: 06/21/2010
Determination Date: 06/21/2010
Expiration Date: 06/21/2012
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-74,073
SEAGATE TECHNOLOGY, LLC
FREMONT MEDIA RESEARCH CENTER
INCLUDING ON-SITE LEASED WORKERS FROM SPHERION, WORKFORCELOGIC,
AND UNIVERSITY PROTECTION SERVICES
FREMONT, 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 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 May 11, 2010 on behalf of workers of Seagate
Technology, LLC, Fremont Media Research Center, Fremont,
California (Seagate). The worker group includes on-site
leased workers from Spherion, WorkforceLogic, and University
Protection Services. The workers are engaged in activities
related to the production of hard disc drives, including
research and development.
The investigation revealed that workers of Seagate who are
engaged in activities related to the production of hard disc
drives 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 China and Malaysia the production of articles
like or directly competitive with the hard disc drives
provided by the workers.
Criterion III has been met because the shift of
production of hard disc drives to China and Malaysia by
Seagate 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 Seagate Technology,
LLC, Fremont Media Research Center, Fremont, California,
including on-site leased workers from Spherion,
WorkforceLogic, and University Protection Services, who are
engaged in activities related to the production of hard disc
drives 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 Seagate Technology, LLC, Fremont Media
Research Center, Fremont, California, including on-site
leased workers from Spherion, WorkforceLogic, and
University Protection Services, who became totally or
partially separated from employment on or after May 10,
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 21st day of June, 2010.
/s/ Elliott S. Kushner
_______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-74,073
SEAGATE TECHNOLOGY, LLC
FREMONT MEDIA RESEARCH CENTER
INCLUDING ON-SITE LEASED WORKERS FROM SPHERION, WORKFORCELOGIC,
AND UNIVERSITY PROTECTION SERVICES
FREMONT, 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 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 May 11, 2010 on behalf of workers of Seagate
Technology, LLC, Fremont Media Research Center, Fremont,
California (Seagate). The worker group includes on-site
leased workers from Spherion, WorkforceLogic, and University
Protection Services. The workers are engaged in activities
related to the production of hard disc drives, including
research and development.
The investigation revealed that workers of Seagate who are
engaged in activities related to the production of hard disc
drives 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 China and Malaysia the production of articles
like or directly competitive with the hard disc drives
provided by the workers.
Criterion III has been met because the shift of
production of hard disc drives to China and Malaysia by
Seagate 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 Seagate Technology,
LLC, Fremont Media Research Center, Fremont, California,
including on-site leased workers from Spherion,
WorkforceLogic, and University Protection Services, who are
engaged in activities related to the production of hard disc
drives 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 Seagate Technology, LLC, Fremont Media
Research Center, Fremont, California, including on-site
leased workers from Spherion, WorkforceLogic, and
University Protection Services, who became totally or
partially separated from employment on or after May 10,
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 21st day of June, 2010.
/s/ Elliott S. Kushner
_______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance