Certified
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TAW-74474  /  EMC Corporation (Berkeley Heights, NJ)

Petitioner Type: State
Impact Date: 07/30/2009
Filed Date: 08/05/2010
Most Recent Update: 08/27/2010
Determination Date: 08/27/2010
Expiration Date: 08/27/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-74,474

EMC CORPORATION
INFORMATION INFRASTRUCTURE PRODUCTS
IONIX SOFTWARE ENGINEERS
CONNELL CORPORATE CENTER 1
BERKELEY HEIGHTS, 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 August 5, 2010 by a state workforce office on behalf
of workers of EMC Corporation, Information Infrastructure
Products, IONIX Software Engineers, Connell Corporate Center
1, Berkeley Heights, New Jersey (IONIX). The workers are
engaged in activities related to software engineering services.
The investigation revealed that workers of IONIX who are
engaged in activities related to software engineering meet the
criteria for certification.
Criterion I has been met because significant number or
proportion of the workers of IONIX have become totally or
partially separated or are threatened with total or partial
separation.
Criterion II has been satisfied because there has been a
shift by IONIX to a foreign country in the supply of services
like or directly competitive with those supplied by IONIX.
Criterion III has been met because the shift of software
engineering services to India by IONIX contributed importantly
to worker group separations at IONIX.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of EMC Corporation,
Information Infrastructure Products, IONIX Software Engineers,
Connell Corporate Center 1, Berkeley Heights, New Jersey, who
are engaged in activities related to software engineering
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 EMC Corporation, Information
Infrastructure Products, IONIX Software Engineers,
Connell Corporate Center 1, Berkeley Heights, New Jersey,
who became totally or partially separated from employment
on or after July 30, 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 27th day of August, 2010.


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