Certified
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TAW-74128  /  Oki Data Americas, Inc. (Mount Laurel, NJ)

Petitioner Type: State
Impact Date: 05/20/2009
Filed Date: 05/21/2010
Most Recent Update: 07/08/2010
Determination Date: 07/08/2010
Expiration Date: 07/08/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-74,128

OKI DATA AMERICAS, INC.
INFORMATION TECHNOLOGY DIVISION
A SUBSIDIARY OF OKI DATA CORPORATION
INCLUDING ON-SITE LEASED WORKERS FROM
TECHNOLOGY SERVICES LLC
MOUNT LAUREL, NEW JERSEY

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 21, 2010 by the State Workforce Office on behalf
of workers of Oki Data Americas, Inc., Information Technology
Division, a subsidiary of Oki Data Corporation, Mount Laurel,
New Jersey (Oki Data Americas IT). The workers are engaged in
activities related to information technology services. The
worker group includes on-site leased workers from Technology
Services LLC.
The investigation revealed that workers of Oki Data
Americas IT 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 the workers in the workers' firm have become totally or
partially separated during the relevant period.
Criterion II has been satisfied because the workers' firm
has acquired from a foreign country articles or services like
or directly competitive with information technology services
done by the workers.
Criterion III has been met because the acquisition of
information technology services from India by Oki Data
Americas IT contributed importantly to worker group
separations at Oki Data Americas IT.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Oki Data Americas,
Inc., Information Technology Division, a subsidiary of Oki
Data Corporation, including on-site leased workers from
Technology Services LLC, Mount Laurel, New Jersey, 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 Oki Data Americas, Inc., Information
Technology Division, a subsidiary of Oki Data
Corporation, including on-site leased workers from
Technology Services LLC, Mount Laurel, New Jersey, who
became totally or partially separated from employment on or
after May 20, 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 July, 2010

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