Certified
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TAW-75012  /  Research In Motion Limited (Milford, CT)

Petitioner Type: State
Impact Date: 12/16/2009
Filed Date: 12/17/2010
Most Recent Update: 03/31/2011
Determination Date: 03/31/2011
Expiration Date: 03/31/2013

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-75,012

RESEARCH IN MOTION LIMITED
INCLUDING FORMER WORKERS FROM DATAVIZ, INC.
MILFORD, CONNECTICUT

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 17, 2011, by a Connecticut Workforce
Representative on behalf of workers of Research in Motion
Limited, including former workers from DataViz, Inc., Milford,
Connecticut. The workers provide publishing, marketing, sales,
and support software for smart phones. Research in Motion
Limited is a successor-in-interest to DataViz, Inc., Milford,
Connecticut.
The investigation revealed that workers of Research in
Motion Limited, including former workers from DataViz, Inc.,
Milford, Connecticut, who are engaged in employment related to
publishing, marketing, sales, and support software, meet the
criteria for certification.
Criterion I has been met because a significant number of
workers of DataViz, Inc. and Research in Motion Limited,
Milford, Connecticut, have been separated or threatened with
separation during the relevant period.
Criterion II has been satisfied because there has been a
shift by Research in Motion Limited of services like or
directly competitive with the publishing, marketing, sales,
and support software services supplied by DataViz, Inc.
Criterion III has been met because the shift of services
to a foreign country contributed importantly to worker group
separations at the Milford, Connecticut facility.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Research in Motion
Limited, including former workers from DataViz, Inc., Milford,
Connecticut, who are engaged in employment related to
publishing, marketing, sales, and support software 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 Research in Motion Limited, including
former workers from DataViz, Inc., Milford, Connecticut,
who became totally or partially separated from employment
on or after December 16, 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 31st day of March, 2011


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