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TAW-74377  /  Sony Pictures Entertainment (Culver City, CA)

Petitioner Type: State
Impact Date: 06/28/2009
Filed Date: 07/13/2010
Most Recent Update: 08/31/2010
Determination Date: 08/31/2010
Expiration Date: 08/31/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-74,377

SONY PICTURES ENTERTAINMENT
IT DEPARTMENT
INCLUDING ON-SITE LEASED WORKERS FROM BANCTEC, CCP GLOBAL,
INVISION, NITROSELL, SOFT TALENT, INC., TECHLINK, AND TENTEK
CULVER CITY, 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 July 13, 2010 on behalf of workers of Sony Pictures
Entertainment, IT Department, Culver City, California (Sony).
Workers at the subject firm in the IT Department are engaged in
software and application development, help desk, data center, and
infrastructure monitoring functions. Workers are not separately
identifiable.
The subject firm leased on-site workers from Banctec, CCP
Global, Invision, NitroSell, Soft Talent, Inc., Techlink, and
Tentek during the period under investigation.
The investigation revealed that workers of Sony are engaged
in employment related to the production of software and
application development, help desk, data center, and infrastructure
monitoring functions meet the criteria for certification.
Criterion I has been met because a significant number of
workers at the firm have been or will be separated during the
period under investigation.
Criterion II has been satisfied because the workers' firm
has acquired from a foreign country articles like or directly
competitive with articles produced by the workers.
Criterion III has been met because the acquisition of
software and application development to India contributed
importantly to worker group separations at Sony Pictures
Entertainment, IT Department, Culver City, California.


Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Sony Pictures
Entertainment, IT Department, Culver City, California, including
on-site leased workers from Banctec, CCP Global, Invision,
NitroSell, Soft Talent, Inc., Techlink, and Tentek, who are engaged
in employment related to the production of software and
application development 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 Sony Pictures Entertainment, IT Department,
Culver City, California, including on-site leased workers from
Banctec, CCP Global, Invision, NitroSell, Soft Talent, Inc.,
Techlink, and Tentek, who became totally or partially
separated from employment on or after June 28, 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 31st day of August, 2010.


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