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TAW-81035  /  Dell USA LP (Round Rock, TX)

Petitioner Type: State
Impact Date: 02/13/2010
Filed Date: 10/31/2011
Most Recent Update: 02/08/2012
Determination Date: 02/08/2012
Expiration Date: 02/08/2014

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-81,035

DELL USA LP
A WHOLLY OWNED SUBSIDIARY OF DELL, INC.
GLOBAL PLATFORM SERVICES GROUP
ROUND ROCK, 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(b) of the Act, 19 U.S.C. § 2272(b), can be
satisfied if the following criteria are met:
(1) a significant number or proportion of the workers in
the workers’ firm or an appropriate subdivision of the firm
have become totally or partially separated, or are
threatened to become totally or partially separated;

(2) the workers’ firm is a Supplier or Downstream Producer
to a firm that employed a group of workers who received a
certification of eligibility under Section 222(a) of the
Act, 19 U.S.C. § 2272(a), and such supply or production is
related to the article or service that was the basis for
such certification; and

(3) either
(A) the workers’ firm is a supplier and the component
parts it supplied to the firm described in paragraph
(2) accounted for at least 20 percent of the
production or sales of the workers’ firm;
or
(B) a loss of business by the workers’ firm with the
firm described in paragraph (2) contributed
importantly to the workers’ separation or threat of
separation.

Section 222(c) of the Act, 19 U.S.C. § 2272(c), defines the
term “Supplier” as “a firm that produces and supplies directly
to another firm component parts for articles, or services used
in the production of articles or in the supply of services, as
the case may be, that were the basis for a certification of
eligibility under subsection (a) [of Section 222 of the Act] of
a group of workers employed by such other firm.”
The investigation was initiated in response to a petition
filed on October 31, 2011 by the state workforce office on
behalf of workers of Dell USA LP, Global Platform Services
Group, Round Rock, Texas (Dell). The workers are engaged in
activities related to the supply of engineering and
information technology (IT) support of Dell IT and leveraged
Dell Services Customers. Specifically, the group engineers and
operates the storage, back-up and recovery, and mainframes for
Dell IT and leveraged Dell Services customers. The group also
engineers and operates servers used by Dell IT.
During the course of the investigation, information was
collected from the workers’ firm and the petitioner.
Section 222(b)(1) has been met because a significant
number or proportion of the workers in such workers’ firm have
become totally or partially separated, or are threatened to
become totally or partially separated.
Section 222(b)(2) has been met because Dell is a Supplier
to a firm that employed a group of workers who received a
certification of eligibility under Section 222(a) of the Act, 19
U.S.C. § 2272(a), and such supply is related to the service that
was the basis for such certification.
Section 222(b)(3)(B) has been met because the loss of
business by Dell with the firm that employed a certified
worker group contributed importantly to worker separations at
Dell.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Dell USA LP, Global
Platform Services Group, Round Rock, Texas, who are engaged in
activities related to the supply of engineering and information
technology (IT) support of Dell IT and leveraged Dell Services
Customers 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 Dell USA LP, Global Platform Services
Group, Round Rock, Texas, who became totally or partially
separated from employment on or after February 13, 2010,
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 8th day of February, 2012.

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