Certified
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TAW-74851  /  EMC Corporation (Hopkinton, MA)

Petitioner Type: State
Impact Date: 11/05/2009
Filed Date: 11/09/2010
Most Recent Update: 01/18/2011
Determination Date: 01/18/2011
Expiration Date: 01/18/2013


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-74,851

EMC CORPORATION
INFORMATION INFRASTRUCTURE PRODUCTS
UNIFIED STORAGE DIVISION
CLARIION SOFTWARE ENGINEERS
INCLUDING ON-SITE LEASED WORKERS FROM
ADVANTAGE TECHNICAL RESOURCES AND
INCLUDING OFF-SITE WORKERS
REPORTING TO HOPKINTON, MASSACHUSETTS FROM
CALIFORNIA, FLORIDA, GEORGIA, MASSACHUSETTS (NOT INCLUDING
HOPKINTON), MINNESOTA, NEW HAMPSHIRE, NEW JERSEY, NEW YORK,
NORTH CAROLINA, OREGON, SOUTH CAROLINA, TEXAS, WASHINGTON AND
WISCONSIN
HOPKINTON, MASSACHUSETTS

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 November 9, 2009 by a one-stop operator on behalf of
workers of EMC Corporation, Information Infrastructure Products
Division, Unified Storage Division (USD), Clariion Software
Engineers, Hopkinton, Massachusetts ("EMC"). The workers are
engaged in activities related to the production of software.
This group consists of workers who work off-site reporting to
Hopkinton, Massachusetts from California, Florida, Georgia,
Kentucky, Massachusetts (not including Hopkinton), Minnesota,
New Hampshire, New Jersey, New York, North Carolina, Oregon,
South Carolina, Texas, Washington and Wisconsin. The group also
consists of on-site leased workers from Advantage Technical
Resources.
The investigation revealed that workers of EMC who are
engaged in activities related to the production of software
meet the criteria for certification.
Criterion I has been met because a significant number or
proportion of the workers at EMC have become totally or
partially separated.
Criterion II has been satisfied because there has been an
acquisition from a foreign country by EMC activities related to
the production of software that is like or directly competitive
with those supplied by the workers of EMC.
Criterion III has been met because the acquisition of
activities related to the production software from China and
India by EMC contributed importantly to worker group
separations at EMC.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of EMC Corporation,
Information Infrastructure Products Division, Unified Storage
Division (USD), Clariion Software Engineers, including on-site
leased workers from Advantage Technical Resources and including
off-site workers reporting to Hopkinton, Massachusetts from
California, Florida, Georgia, Kentucky, Massachusetts (not
including Hopkinton), Minnesota, New Hampshire, New Jersey, New
York, North Carolina, Oregon, South Carolina, Texas, Washington
and Wisconsin, Hopkinton, Massachusetts, who are engaged in
activities related to the production of software 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 Division, Unified Storage Division (USD), Clariion
Software Engineers, including on-site leased workers from
Advantage Technical Resources and including off-site
workers reporting to Hopkinton, Massachusetts from
California, Florida, Georgia, Kentucky, Massachusetts (not
including Hopkinton), Minnesota, New Hampshire, New Jersey,
New York, North Carolina, Oregon, South Carolina, Texas,
Washington and Wisconsin, Hopkinton, Massachusetts, who
became totally or partially separated from employment on or
after November 5, 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 18th day of January, 2011.

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