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TAW-74265  /  Smith Micro Technologies, Inc. (Vadnais Heights, MN)

Petitioner Type: State
Impact Date: 06/17/2009
Filed Date: 06/18/2010
Most Recent Update: 09/07/2010
Determination Date: 09/07/2010
Expiration Date: 09/07/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-74,265

SMITH MICRO TECHNOLOGIES, INC.
VADNAIS HEIGHTS, MINNESOTA

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(c) of the Act, 19 U.S.C. § 2272(c), can be
satisfied if the following criteria are met:
I. a significant number or proportion of the workers in
the workers' firm or an appropriate subdivision of the
firm have become totally or partially separated, or
are threatened to become totally or partially
separated;

II. the workers' firm is a Supplier or Downstream Producer
to a firm that employed a group of workers who
received a certification of eligibility under Section
222(a) of the Act, 19 U.S.C. § 2272(a), and such
supply or production is related to the article or
service that was the basis for such certification; and

III. either
(A) the workers' firm is a supplier and the component
parts it supplied to the firm described in paragraph
(2) accounted for at least 20 percent of the
production or sales of the workers' firm; or
(B) a loss of business by the workers' firm with the firm
described in paragraph (2) contributed importantly to
the workers' separation or threat of separation.

Section 222(d) of the Act, 19 U.S.C. § 2272(d), defines the
term "Supplier" as "a firm that produces and supplies directly
to another firm component parts for articles, or in the supply
of services, as the case may be, that were the basis for a
certification of eligibility under subsection (a) [of Section
222 of the Act] of a group of workers employed by such other
firm."
The investigation was initiated in response to a petition
filed on June 18, 2010 by a state workforce official on behalf
of the workers of Smith Micro Technologies, Inc., Vadnais
Heights, Minnesota (Smith Micro Technologies, Inc.). Workers
at the subject firm are engaged in activities related to
information technology services. The workers are not separately
identifiable by function.
The investigation revealed that workers of Smith Micro
Technologies, Inc., Vadnais Heights, Minnesota who are engaged
in activities related to information technology services meet
the criteria as Suppliers for secondary worker certification.
Criterion I has been met because a significant number or
proportion of the workers in the workers' firm have become
totally or partially separated.
Criterion II has been met because workers of Smith Micro
Technologies, Inc., supplied and sold information technology
services to a firm that employed a worker group who are covered
by an active certification and that the information technology
services were related to the information technology and help-
desk services.
Criterion III has been met because the loss of business
by Smith Micro Technologies, Inc., with the TAA-certified
firm, with respect to information technology services sold to
the TAA-certified firm, contributed importantly to worker
separations at Smith Micro Technologies, Inc.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Smith Micro
Technologies, Inc., Vadnais Heights, Minnesota who are engaged
in 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 Smith Micro Technologies, Inc., Vadnais
Heights, Minnesota, who became totally or partially
separated from employment on or after June 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 the 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 7th day of September 2010



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