Petitioner Type: Company
Impact Date: 07/12/2009
Filed Date: 07/20/2010
Most Recent Update: 08/04/2010
Determination Date: 08/04/2010
Expiration Date: 08/04/2012
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-74,397
PROGRESS SOFTWARE CORPORATION
INCLUDING OFF-SITE WORKERS REPORTING TO
BEDFORD, MASSACHUSETTS FROM
ARIZONA, CALIFORNIA, COLORADO, CONNECTICUT, DISTRICT OF
COLUMBIA, FLORIDA, GEORGIA, HAWAII, ILLINOIS, MASSACHUSETTS,
MARYLAND, MINNESOTA, MISSOURI, MISSISSIPPI, NORTH CAROLINA,
NEW HAMPSHIRE, NEW JERSEY, NEW MEXICO, NEW YORK, OHIO, OREGON,
PENNSYLVANIA, SOUTH CAROLINA, TENNESSEE, TEXAS, VIRGINIA,
VERMONT AND WASHINGTON
BEDFORD, MASSACHUSETTS
TA-W-74,398
PROGRESS SOFTWARE CORPORATION
EL SEGUNDO, CALIFORNIA
TA-W-74,399
PROGRESS SOFTWARE CORPORATION
SAN FRANCISCO, CALIFORNIA
TA-W-74,400
PROGRESS SOFTWARE CORPORATION
NASHUA, NEW HAMPSHIRE
TA-W-74,401
SAVVION
A PROGRESS SOFTWARE COMPANY
SANTA CLARA, CALIFORNIA
TA-W-74,402
DATADIRECT TECHNOLOGIES
LOS GATOS, CALIFORNIA
TA-W-74,403
PROGRESS SOFTWARE CORPORATION
OAK BROOK, ILLINOIS
TA-W-74,404
PROGRESS SOFTWARE CORPORATION
LARGO, MARYLAND
TA-W-74,405
PROGRESS SOFTWARE CORPORATION
NEW YORK, NEW YORK
TA-W-74,406
DATADIRECT TECHNOLOGIES HEADQUARTERS
MORRISVILLE, NORTH CAROLINA
TA-W-74,407
PROGRESS SOFTWARE CORPORATION
AUSTIN, TEXAS
TA-W-74,408
DATADIRECT TECHNOLOGIES
SUGAR LAND, TEXAS
TA-W-74,409
DATADIRECT TECHNOLOGIES
FAIRFAX, VIRGINIA
TA-W-74,410
DATADIRECT TECHNOLOGIES
NORFOLK, VIRGINIA
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 20, 2010 by a company official on behalf of
workers of Progress Software Corporation, Bedford, Massachusetts
(TA-W-74,397), Progress Software Corporation, El Segundo,
California (TA-W-74,398), Progress Software Corporation, San
Francisco, California (TA-W-74,399), Progress Software
Corporation, Nashua, New Hampshire (TA-W-74,400), Savvion, A
Progress Software Company, Santa Clara, California (TA-W-
74,401), DataDirect Technologies, Los Gatos, California (TA-W-
74,402), Progress Software Corporation, Oak Brook, Illinois (TA-
W-74,403), Progress Software Corporation, Largo, Maryland (TA-W-
74,404), Progress Software Corporation, New York, New York (TA-
W-74,405), DataDirect Technologies Headquarters, Morrisville,
North Carolina (TA-W-74,406), Progress Software Corporation,
Austin, Texas (TA-W-74,407), DataDirect Technologies, Sugar
Land, Texas (TA-W-74,408), DataDirect Technologies, Fairfax,
Virginia (TA-W-74,409), DataDirect Technologies, Norfolk,
Virginia (TA-W-74,410), ("Progress Software"). The workers are
engaged in activities related to the developing and publishing
of software applications.
TA-W-74,397 contains off-site workers reporting to Bedford,
Massachusetts from Arizona, California, Colorado, Connecticut,
District of Columbia, Florida, Georgia, Hawaii, Illinois,
Massachusetts, Maryland, Minnesota, Missouri, Mississippi, North
Carolina, New Hampshire, New Jersey, New Mexico, New York, Ohio,
Oregon, Pennsylvania, South Carolina, Tennessee, Texas,
Virginia, Vermont and Washington.
The investigation revealed that workers of Progress
Software who are engaged in activities related to developing
and publishing of software applications meet the criteria for
certification.
Criterion I has been met because a significant number or
proportion of the workers at Progress Software have become
totally or partially separated.
Criterion II has been satisfied because there has been a
shift by Progress Software to a foreign country in the supply of
services like or directly competitive with those supplied by
Progress Software.
Criterion III has been met because the shift of developing
and publishing of software applications to India by Progress
Software contributed importantly to worker group separations
at Progress Software.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Progress Software
Corporation, including off-site workers reporting to Bedford,
Massachusetts from Arizona, California, Colorado, Connecticut,
District of Columbia, Florida, Georgia, Hawaii, Illinois,
Massachusetts, Maryland, Minnesota, Missouri, Mississippi, North
Carolina, New Hampshire, New Jersey, New Mexico, New York, Ohio,
Oregon, Pennsylvania, South Carolina, Tennessee, Texas,
Virginia, Vermont and Washington, Bedford, Massachusetts (TA-W-
74,397), Progress Software Corporation, El Segundo, California
(TA-W-74,398), Progress Software Corporation, San Francisco,
California (TA-W-74,399), Progress Software Corporation, Nashua,
New Hampshire (TA-W-74,400), Savvion, A Progress Software
Company, Santa Clara, California (TA-W-74,401), DataDirect
Technologies, Los Gatos, California (TA-W-74,402), Progress
Software Corporation, Oak Brook, Illinois (TA-W-74,403),
Progress Software Corporation, Largo, Maryland (TA-W-74,404),
Progress Software Corporation, New York, New York (TA-W-74,405),
DataDirect Technologies Headquarters, Morrisville, North
Carolina (TA-W-74,406), Progress Software Corporation, Austin,
Texas (TA-W-74,407), DataDirect Technologies, Sugar Land, Texas
(TA-W-74,408), DataDirect Technologies, Fairfax, Virginia (TA-W-
74,409), DataDirect Technologies, Norfolk, Virginia (TA-W-
74,410), who are engaged in activities related to developing and
publishing of software applications 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 Progress Software Corporation, including
off-site workers reporting to Bedford, Massachusetts from
Arizona, California, Colorado, Connecticut, District of
Columbia, Florida, Georgia, Hawaii, Illinois,
Massachusetts, Maryland, Minnesota, Missouri, Mississippi,
North Carolina, New Hampshire, New Jersey, New Mexico, New
York, Ohio, Oregon, Pennsylvania, South Carolina,
Tennessee, Texas, Virginia, Vermont and Washington,
Bedford, Massachusetts (TA-W-74,397), Progress Software
Corporation, El Segundo, California (TA-W-74,398), Progress
Software Corporation, San Francisco, California (TA-W-
74,399), Progress Software Corporation, Nashua, New
Hampshire (TA-W-74,400), Savvion, A Progress Software
Company, Santa Clara, California (TA-W-74,401), DataDirect
Technologies, Los Gatos, California (TA-W-74,402), Progress
Software Corporation, Oak Brook, Illinois (TA-W-74,403),
Progress Software Corporation, Largo, Maryland (TA-W-
74,404), Progress Software Corporation, New York, New York
(TA-W-74,405), DataDirect Technologies Headquarters,
Morrisville, North Carolina (TA-W-74,406), Progress
Software Corporation, Austin, Texas (TA-W-74,407),
DataDirect Technologies, Sugar Land, Texas (TA-W-74,408),
DataDirect Technologies, Fairfax, Virginia (TA-W-74,409),
DataDirect Technologies, Norfolk, Virginia (TA-W-74,410,
who became totally or partially separated from employment
on or after July 12, 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 4th day of August, 2010.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Office of
Trade Adjustment Assistance
Employment and Training Administration
TA-W-74,397
PROGRESS SOFTWARE CORPORATION
INCLUDING OFF-SITE WORKERS REPORTING TO
BEDFORD, MASSACHUSETTS FROM
ARIZONA, CALIFORNIA, COLORADO, CONNECTICUT, DISTRICT OF
COLUMBIA, FLORIDA, GEORGIA, HAWAII, ILLINOIS, MASSACHUSETTS,
MARYLAND, MINNESOTA, MISSOURI, MISSISSIPPI, NORTH CAROLINA,
NEW HAMPSHIRE, NEW JERSEY, NEW MEXICO, NEW YORK, OHIO, OREGON,
PENNSYLVANIA, SOUTH CAROLINA, TENNESSEE, TEXAS, VIRGINIA,
VERMONT AND WASHINGTON
BEDFORD, MASSACHUSETTS
TA-W-74,398
PROGRESS SOFTWARE CORPORATION
EL SEGUNDO, CALIFORNIA
TA-W-74,399
PROGRESS SOFTWARE CORPORATION
SAN FRANCISCO, CALIFORNIA
TA-W-74,400
PROGRESS SOFTWARE CORPORATION
NASHUA, NEW HAMPSHIRE
TA-W-74,401
SAVVION
A PROGRESS SOFTWARE COMPANY
SANTA CLARA, CALIFORNIA
TA-W-74,402
DATADIRECT TECHNOLOGIES
LOS GATOS, CALIFORNIA
TA-W-74,403
PROGRESS SOFTWARE CORPORATION
OAK BROOK, ILLINOIS
TA-W-74,404
PROGRESS SOFTWARE CORPORATION
LARGO, MARYLAND
TA-W-74,405
PROGRESS SOFTWARE CORPORATION
NEW YORK, NEW YORK
TA-W-74,406
DATADIRECT TECHNOLOGIES HEADQUARTERS
MORRISVILLE, NORTH CAROLINA
TA-W-74,407
PROGRESS SOFTWARE CORPORATION
AUSTIN, TEXAS
TA-W-74,408
DATADIRECT TECHNOLOGIES
SUGAR LAND, TEXAS
TA-W-74,409
DATADIRECT TECHNOLOGIES
FAIRFAX, VIRGINIA
TA-W-74,410
DATADIRECT TECHNOLOGIES
NORFOLK, VIRGINIA
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 20, 2010 by a company official on behalf of
workers of Progress Software Corporation, Bedford, Massachusetts
(TA-W-74,397), Progress Software Corporation, El Segundo,
California (TA-W-74,398), Progress Software Corporation, San
Francisco, California (TA-W-74,399), Progress Software
Corporation, Nashua, New Hampshire (TA-W-74,400), Savvion, A
Progress Software Company, Santa Clara, California (TA-W-
74,401), DataDirect Technologies, Los Gatos, California (TA-W-
74,402), Progress Software Corporation, Oak Brook, Illinois (TA-
W-74,403), Progress Software Corporation, Largo, Maryland (TA-W-
74,404), Progress Software Corporation, New York, New York (TA-
W-74,405), DataDirect Technologies Headquarters, Morrisville,
North Carolina (TA-W-74,406), Progress Software Corporation,
Austin, Texas (TA-W-74,407), DataDirect Technologies, Sugar
Land, Texas (TA-W-74,408), DataDirect Technologies, Fairfax,
Virginia (TA-W-74,409), DataDirect Technologies, Norfolk,
Virginia (TA-W-74,410), ("Progress Software"). The workers are
engaged in activities related to the developing and publishing
of software applications.
TA-W-74,397 contains off-site workers reporting to Bedford,
Massachusetts from Arizona, California, Colorado, Connecticut,
District of Columbia, Florida, Georgia, Hawaii, Illinois,
Massachusetts, Maryland, Minnesota, Missouri, Mississippi, North
Carolina, New Hampshire, New Jersey, New Mexico, New York, Ohio,
Oregon, Pennsylvania, South Carolina, Tennessee, Texas,
Virginia, Vermont and Washington.
The investigation revealed that workers of Progress
Software who are engaged in activities related to developing
and publishing of software applications meet the criteria for
certification.
Criterion I has been met because a significant number or
proportion of the workers at Progress Software have become
totally or partially separated.
Criterion II has been satisfied because there has been a
shift by Progress Software to a foreign country in the supply of
services like or directly competitive with those supplied by
Progress Software.
Criterion III has been met because the shift of developing
and publishing of software applications to India by Progress
Software contributed importantly to worker group separations
at Progress Software.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Progress Software
Corporation, including off-site workers reporting to Bedford,
Massachusetts from Arizona, California, Colorado, Connecticut,
District of Columbia, Florida, Georgia, Hawaii, Illinois,
Massachusetts, Maryland, Minnesota, Missouri, Mississippi, North
Carolina, New Hampshire, New Jersey, New Mexico, New York, Ohio,
Oregon, Pennsylvania, South Carolina, Tennessee, Texas,
Virginia, Vermont and Washington, Bedford, Massachusetts (TA-W-
74,397), Progress Software Corporation, El Segundo, California
(TA-W-74,398), Progress Software Corporation, San Francisco,
California (TA-W-74,399), Progress Software Corporation, Nashua,
New Hampshire (TA-W-74,400), Savvion, A Progress Software
Company, Santa Clara, California (TA-W-74,401), DataDirect
Technologies, Los Gatos, California (TA-W-74,402), Progress
Software Corporation, Oak Brook, Illinois (TA-W-74,403),
Progress Software Corporation, Largo, Maryland (TA-W-74,404),
Progress Software Corporation, New York, New York (TA-W-74,405),
DataDirect Technologies Headquarters, Morrisville, North
Carolina (TA-W-74,406), Progress Software Corporation, Austin,
Texas (TA-W-74,407), DataDirect Technologies, Sugar Land, Texas
(TA-W-74,408), DataDirect Technologies, Fairfax, Virginia (TA-W-
74,409), DataDirect Technologies, Norfolk, Virginia (TA-W-
74,410), who are engaged in activities related to developing and
publishing of software applications 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 Progress Software Corporation, including
off-site workers reporting to Bedford, Massachusetts from
Arizona, California, Colorado, Connecticut, District of
Columbia, Florida, Georgia, Hawaii, Illinois,
Massachusetts, Maryland, Minnesota, Missouri, Mississippi,
North Carolina, New Hampshire, New Jersey, New Mexico, New
York, Ohio, Oregon, Pennsylvania, South Carolina,
Tennessee, Texas, Virginia, Vermont and Washington,
Bedford, Massachusetts (TA-W-74,397), Progress Software
Corporation, El Segundo, California (TA-W-74,398), Progress
Software Corporation, San Francisco, California (TA-W-
74,399), Progress Software Corporation, Nashua, New
Hampshire (TA-W-74,400), Savvion, A Progress Software
Company, Santa Clara, California (TA-W-74,401), DataDirect
Technologies, Los Gatos, California (TA-W-74,402), Progress
Software Corporation, Oak Brook, Illinois (TA-W-74,403),
Progress Software Corporation, Largo, Maryland (TA-W-
74,404), Progress Software Corporation, New York, New York
(TA-W-74,405), DataDirect Technologies Headquarters,
Morrisville, North Carolina (TA-W-74,406), Progress
Software Corporation, Austin, Texas (TA-W-74,407),
DataDirect Technologies, Sugar Land, Texas (TA-W-74,408),
DataDirect Technologies, Fairfax, Virginia (TA-W-74,409),
DataDirect Technologies, Norfolk, Virginia (TA-W-74,410,
who became totally or partially separated from employment
on or after July 12, 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 4th day of August, 2010.
/s/ Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Office of
Trade Adjustment Assistance