Certified
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TAW-75002  /  Brookfield Data Center (Brookfield, WI)

Petitioner Type: State
Impact Date: 12/15/2009
Filed Date: 12/16/2010
Most Recent Update: 02/28/2011
Determination Date: 02/28/2011
Expiration Date: 02/28/2013

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-75,002

BROOKFIELD DATA CENTER
NAVISTAR, INC.
INCLUDING ON-SITE LEASED WORKERS FROM
ANDERSON INTENATIONAL, IBM GLOBAL SERVICES,
US TECH SOLUTIONS, POPULUS GROUP CHICAGO,
SUPER ELECTRIC, AND TAP FIN
BROOKFIELD, WISCONSIN

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 December 16, 2010 by a state workforce official on behalf of
workers of Brookfield Data Center, Navistar, Inc., Brookfield,
Wisconsin (Navistar). The workers supply information technology
infrastructure hosting services. The worker group includes on-site
leased workers from Anderson International, IBM Global Services, US
Tech Solutions, Populus Group Chicago, Super Electric, and TAP FIN.
The investigation revealed that workers of Navistar, who are
engaged in employment related to the supply of information
technology infrastructure hosting services, meet the criteria for
certification.
Criterion I has been met because a significant number or
proportion of workers at Navistar has become totally or partially
separated, or threatened with such separation.
Criterion II has been met because Navistar has shifted to
foreign countries the supply of services like or directly
competitive with those supplied by the subject workers.
Criterion III has been met because the shift of services to
India and Brazil contributed importantly to worker group
separations at the Brookfield, Wisconsin facility.


Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Navistar, who are engaged
in employment related to the supply of information technology
infrastructure hosting services, meet the worker group certification
criteria 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 Brookfield Data Center, Navistar, Inc.,
including on-site leased workers from Anderson International,
IBM Global Services, US Tech Solutions, Populus Group Chicago,
Super Electric, and TAP FIN, Brookfield, Wisconsin, who became
totally or partially separated from employment on or after
December 15, 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 28th day of February, 2011


/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance