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TAW-74686  /  Diebold Software Solutions (Raleigh, NC)

Petitioner Type: Workers
Impact Date: 09/24/2009
Filed Date: 10/01/2010
Most Recent Update: 10/25/2010
Determination Date: 10/25/2010
Expiration Date: 10/25/2012

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-74,686

DIEBOLD SOFTWARE SOLUTIONS
A DIVISION OF DIEBOLD, INC.
INCLUDING ON-SITE LEASED WORKERS FROM TECHNISOURCE, INC.
RALEIGH, NORTH CAROLINA

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 October 1, 2010 on behalf of workers of Diebold
Software Solutions, Raleigh, North Carolina. The workers
supply software development services. The worker group
includes on-site leased workers from TechniSource, Inc.
The investigation revealed that workers of Diebold Software
Solutions, who are engaged in employment related to software
development services, meet the criteria for certification.
Criterion I has been met because a significant proportion
of the 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 services like
or directly competitive with the services supplied by the
workers.
Criterion III has been met because the shift of services
by Diebold Software Solutions contributed importantly to
worker group separations at the Raleigh, North Carolina
facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Diebold Software
Solutions, including on-site leased workers of TechniSource,
Inc., Raleigh, North Carolina, 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 Diebold Software Solutions, including on-
site leased workers from TechniSource, Inc., Raleigh,
North Carolina, who became totally or partially separated
from employment on or after September 24, 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 25th day of October, 2010


/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance