Petitioner Type: State
Impact Date: 07/22/2009
Filed Date: 08/23/2010
Most Recent Update: 11/23/2010
Determination Date: 11/23/2010
Expiration Date: 11/23/2012
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-74,540
BMC SOFTWARE, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
COMSYS ITS
INCLUDING REMOTE WORKERS LOCATED THROUGHOUT THE UNITED STATES
HOUSTON, TEXAS
Amended 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
issued a Certification of Eligibility to Apply for Worker
Adjustment Assistance on November 23, 2010, applicable to
workers of BMC Software, Inc., including on-site leased workers
from Comsys ITS, Houston, Texas. The workers are engaged in
employment related to software development services. The notice
was published in the Federal Register on December 8, 2010 (75 FR
76488).
At the request of the State of Maine workforce agency, the
Department reviewed the certification for workers of the subject
firm.
New information shows that worker separations have occurred
involving employees of the subject firm who telework from off-
site locations throughout the United States. These employees
provided various activities related to software development
services. Based on these findings, the Department is amending
this certification to include employees of the subject firm who
telework and report into the Houston, Texas facility.
The intent of the Department’s certification is to include
all workers of the subject firm who were adversely affected by a
shift in software development services to a foreign country.
The amended notice applicable to TA-W-74,540 is hereby
issued as follows:
“All workers of BMC Software, inc., including on-site
leased workers from Comsys ITS, and including remote
workers located throughout the United States, Houston,
Texas, who became totally or partially separated from
employment on or after July 22, 2009 through November 23,
2012, 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 28th day of September 2011
/s/ Michael Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-74,540
BMC SOFTWARE, INC.
INCLUDING ON-SITE LEASED WORKERS
FROM COMSYS ITS
HOUSTON, TEXAS
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 23, 2010, by a State Workforce Office on behalf
of workers of BMC Software, Inc., Houston, Texas. The workers
provide software development services. The worker group
includes on-site leased workers from Comsys ITS.
The investigation revealed that workers of BMC Software,
Inc., who are engaged in employment related to software
development services, meet the criteria for certification.
Criterion I has been met because a significant number of
workers have been separated during the relevant period.
Criterion II has been satisfied because the workers’ firm
has shifted to a foreign country the supply of service like or
directly competitive with the services supplied by the
workers.
Criterion III has been met because the shift of services
to a foreign country by BMC Software, Inc. contributed
importantly to worker group separations at the Houston, Texas
facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of BMC Software, Inc.,
Houston, Texas, who are engaged in employment related to
software development 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 BMC Software, Inc., including on-site
leased workers from Comsys ITS, Houston, Texas, who became
totally or partially separated from employment on or after
July 22, 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 23rd day of November, 2010
/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance
3
Employment and Training Administration
TA-W-74,540
BMC SOFTWARE, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
COMSYS ITS
INCLUDING REMOTE WORKERS LOCATED THROUGHOUT THE UNITED STATES
HOUSTON, TEXAS
Amended 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
issued a Certification of Eligibility to Apply for Worker
Adjustment Assistance on November 23, 2010, applicable to
workers of BMC Software, Inc., including on-site leased workers
from Comsys ITS, Houston, Texas. The workers are engaged in
employment related to software development services. The notice
was published in the Federal Register on December 8, 2010 (75 FR
76488).
At the request of the State of Maine workforce agency, the
Department reviewed the certification for workers of the subject
firm.
New information shows that worker separations have occurred
involving employees of the subject firm who telework from off-
site locations throughout the United States. These employees
provided various activities related to software development
services. Based on these findings, the Department is amending
this certification to include employees of the subject firm who
telework and report into the Houston, Texas facility.
The intent of the Department’s certification is to include
all workers of the subject firm who were adversely affected by a
shift in software development services to a foreign country.
The amended notice applicable to TA-W-74,540 is hereby
issued as follows:
“All workers of BMC Software, inc., including on-site
leased workers from Comsys ITS, and including remote
workers located throughout the United States, Houston,
Texas, who became totally or partially separated from
employment on or after July 22, 2009 through November 23,
2012, 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 28th day of September 2011
/s/ Michael Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-74,540
BMC SOFTWARE, INC.
INCLUDING ON-SITE LEASED WORKERS
FROM COMSYS ITS
HOUSTON, TEXAS
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 23, 2010, by a State Workforce Office on behalf
of workers of BMC Software, Inc., Houston, Texas. The workers
provide software development services. The worker group
includes on-site leased workers from Comsys ITS.
The investigation revealed that workers of BMC Software,
Inc., who are engaged in employment related to software
development services, meet the criteria for certification.
Criterion I has been met because a significant number of
workers have been separated during the relevant period.
Criterion II has been satisfied because the workers’ firm
has shifted to a foreign country the supply of service like or
directly competitive with the services supplied by the
workers.
Criterion III has been met because the shift of services
to a foreign country by BMC Software, Inc. contributed
importantly to worker group separations at the Houston, Texas
facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of BMC Software, Inc.,
Houston, Texas, who are engaged in employment related to
software development 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 BMC Software, Inc., including on-site
leased workers from Comsys ITS, Houston, Texas, who became
totally or partially separated from employment on or after
July 22, 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 23rd day of November, 2010
/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance
3