Certified
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TAW-74150A  /  VMware (Palo Alto, CA)

Petitioner Type: Company
Impact Date: 05/24/2009
Filed Date: 05/26/2010
Most Recent Update: 10/06/2010
Determination Date: 10/06/2010
Expiration Date: 10/06/2012

Other Worker Groups on This Petition
DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-74,150

VMWARE
IT APPLICATIONS GROUP
A SUBSUDIARY OF EMC
PALO ALTO, CALIFORNIA

TA-W-74,150A

VMWARE
GLOBAL SUPPORT SERVICES TEAM
A SUBSUDIARY OF EMC
PALO ALTO, 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 26, 2010 by the Trade Adjustment Assistance
Coordinator of the State of California on behalf of workers and
former workers of VMWare, IT Applications Group, a subsidiary of
EMC, Palo Alto, California (VMWare-IT Applications Group) and
VMWare, Global Support Services Team, a subsidiary of EMC, Palo
Alto, California (VMWare-Global Support Services Team). The
workers supply business applications services to clients of
VMWare. Workers are separately identifiable by unit but are
not separately identifiable within the unit by service
supplied.
The investigation revealed that workers of VMWare-IT
Applications Group and VMWare-Global Support Services Team, who
supply business applications services, meet the criteria for
certification.
Criterion I has been met because a significant proportion
or number of workers at VMWare-IT Applications Group and
VMWare-Global Support Services Team was totally or partially
separated, or threatened with such separation, during the
relevant period.
Criterion II has been met because VMWare has shifted to a
foreign country the supply of services like or directly
competitive with the business applications services supplied by
VMWare-IT Applications Group and VMWare-Global Support Services
Team.
Criterion III has been met because the shift in the
supply of services to India has contributed importantly to
worker group separations at the VMWare-IT Applications Group
and the VMWare-Global Support Services Team at the Palo Alto,
California locations.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of VMware, IT
Applications Group and Global Support Services Team, Palo Alto,
California, 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 certifications:
"All workers of VMWare, IT Applications Group, a subsidiary
of EMC, Palo Alto, California (TA-W-74,150) and VMWare,
Global Support Services Team, a subsidiary of EMC, Palo
Alto, California (TA-W-74,150A), who became totally or
partially separated from employment on or after May 24,
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 6th day of October, 2010.


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