Petitioner Type: State
Impact Date: 07/03/2011
Filed Date: 07/05/2012
Most Recent Update: 08/03/2012
Determination Date: 08/03/2012
Expiration Date: 08/03/2014
Other Worker Groups on This Petition
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-81,776
HCL AMERICA, INC.
A SUBSIDIARY OF HCL TECHNOLOGIES LIMITED
INCLUDING ON-SITE LEASED WORKERS FROM XEROX CORPORATION,
V DART INC., KRG TECHNOLOGIES INC.,
GENUENT INC., INCLUDING WORKERS WHOSE UNEMPLOYMENT INSURANCE
(UI) WAGES ARE REPORTED THROUGH GENUENT IT FLUENCY, ALSO KNOWN
AS GENUENT, FORMERLY KNOW AS SEGULA TECHNOLOGIES
BMC CORPORATION PROFESSIONAL SERVICES AND FUSION STORM
WEBSTER, NEW YORK
Amended 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
(Department) issued a Certification of Eligibility to Apply for
Worker Adjustment Assistance on August 3, 2012, applicable to the
workers of HCL America Inc., a subsidiary of HCL Technologies
Limited, Webster, New York (subject firm). Workers are engaged
in activities related to the supply of application support and
development services and infrastructure services
(hardware/software testing) for clients. The Department’s Notice
of determination was published in the Federal Register on August
16, 2012 (77 FR 49459). The notice was amended on February 6,
2013 to include at the Wilsonville, Oregon facility that operated
in conjunction with workers at the Webster, New York facility.
The amended notice was published in the Federal Register on
February 22, 2013 (78 FR 12358-12359).
New information revealed that in January of 2012, Genuent,
acquired Segula Technologies. Genuent workers separated from
employment at the Webster, New York location of HCL America, Inc.,
a subsidiary of HCL Technologies Limited had their wages reported
through a separate unemployment insurance (UI) tax account under
the name Genuent IT Fluency, also known as Genuent, formerly known
as Segula Technologies.
Accordingly, the Department is amended this certification to
include workers of the subject firm whose unemployment insurance
(UI) wages are reported through Segula Technologies
The intent of the Department’s certification is to include
all workers of HCL America, Inc., Webster, New York (TA-W-81,776)
and Wilsonville, Oregon (TA-W-81,776A), who were all adversely
affected by an acquisition of application support and development
services and infrastructure services from India.
The amended notice applicable to TA-W-81,776 is hereby issued
as follows:
"All workers of HCL America Inc., a subsidiary of HCL
Technologies Limited, including on-site leased workers from
Xerox Corporation, V Dart, Inc., KRG Technologies, Inc.,
Genuent, Inc., including workers whose unemployment
insurance (UI) wages are reported through Genuent IT
Fluency, also known as Genuent, formerly known as Segula
Technologies, BMC Corporation Professional Services, and
Fusion Storm, Webster, New York (TA-W-81,776) and all
workers of HCL America, Inc., a subsidiary of HCL
Technologies Limited, Wilsonville, Oregon (TA-W-81,776A), who
became totally or partially separated from employment on or
after July 3, 2011 through August 3, 2014, and all workers in
the group threatened with partial or total separation from
employment on August 3, 2012 through August 3, 2014, are
eligible to apply for adjustment assistance under Chapter 2
of Title II of the Trade Act of 1974, as amended.”
Signed at Washington, D.C. this 3rd day of April, 2013
/s /Del Min Amy Chen
______
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-81,776
HCL AMERICA, INC.
A SUBSIDIARY OF HCL TECHNOLOGIES LIMITED
INCLUDING ON-SITE LEASED WORKERS FROM XEROX CORPORATION,
V DART INC., KRG TECHNOLOGIES INC., GENUENT INC.,
BMC CORPORATION PROFESSIONAL SERVICES, AND FUSION STORM
WEBSTER, NEW YORK
TA-W-81,776A
HCL AMERICA, INC.
A SUBSIDIARY OF HCL TECHNOLOGIES LIMITED
WILSONVILLE, OREGON
Amended 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
(Department) issued a Certification of Eligibility to Apply for
Worker Adjustment Assistance on August 3, 2012, applicable to the
workers of HCL America Inc., a subsidiary of HCL Technologies
Limited, Webster, New York (subject firm). The Department’s
Notice of determination was published in the Federal Register on
August 16, 2012. Workers are engaged in activities related to the
supply of application support and development services and
infrastructure services (hardware/software testing) for clients.
New information revealed that workers at the Wilsonville,
Oregon facility (TA-W-81,776A) operated in conjunction with
workers at the Webster, New York facility (TA-W-81,776).
The intent of the Department’s certification is to include
all workers of HCL America, Inc., Webster, New York (TA-W-81,776)
and Wilsonville, Oregon (TA-W-81,776A), who were all adversely
affected by an acquisition of services from a foreign Country.
The amended notice applicable to TA-W-81,776 is hereby issued
as follows:
"All workers of HCL America Inc., a subsidiary of HCL
Technologies Limited, including on-site leased workers from
Xerox Corporation, V Dart, Inc., KRG Technologies, Inc.,
Genuent, Inc., BMC Corporation Professional Services, and
Fusion Storm, Webster, New York (TA-W-81,776) and all
workers of HCL America, Inc., a subsidiary of HCL
Technologies Limited, Wilsonville, Oregon (TA-W-81,776A), who
became totally or partially separated from employment on or
after July 3, 2011 through August 3, 2014, and all workers in
the group threatened with partial or total separation from
employment on August 3, 2012 through August 3, 2014, are
eligible to apply for adjustment assistance under Chapter 2
of Title II of the Trade Act of 1974, as amended.”
Signed at Washington, D.C. this 6th day of February, 2013
/s/ Del Min Amy Chen
______
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-81,776
HCL AMERICAN INC.
A SUBSIDIARY OF HCL TECHNOLOGIES LIMITED
INCLUDING ON-SITE LEASED WORKERS FROM XEROX CORPORATION, V DART
INC., KRG TECHNOLOGIES INC., GENUENT INC.,
BMC CORPORATION PROFESSIONAL SERVICES, AND FUSION STORM
WEBSTER, NEW YORK
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:
(1) 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;
(2)(B)(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
(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; AND
(ii) the shift/acquisition must have
contributed importantly to the workers’
separation or threat of separation.
The investigation was initiated in response to a petition
filed on July 5, 2012 by a one-stop operator on behalf of workers
of HCL America Inc., a subsidiary of HCL Technologies Limited,
Webster, New York. The workers’ firm is engaged in activities
related to the supply of application support and development and
infrastructure services. The worker group includes on-site
leased workers from Xerox Corporation, V Dart Inc., KRG
Technologies, Inc., Genuent Inc., BMC Corporation Professional
Services, and Fusion Storm.
Section 222(a)(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(a)(2)(B) has been met because the workers’ firm
has acquired from a foreign country services like or directly
competitive with services supplied by the workers which
contributed importantly to worker group separations at HCL
America, Inc.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of HCL America Inc., a
subsidiary of HCL Technologies Limited, Webster, New York, who
are engaged in activities related to application support and
development and infrastructure 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 HCL America Inc., a subsidiary of HCL
Technologies Limited, including on-site leased workers from
Xerox Corporation, V Dart Inc., KRG Technologies, Inc.,
Genuent Inc., BMC Corporation Professional Services, and
Fusion Storm, Webster, New York, who became totally or
partially separated from employment on or after July 3, 2011
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 3rd day of August, 2012
/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance
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Employment and Training Administration
TA-W-81,776
HCL AMERICA, INC.
A SUBSIDIARY OF HCL TECHNOLOGIES LIMITED
INCLUDING ON-SITE LEASED WORKERS FROM XEROX CORPORATION,
V DART INC., KRG TECHNOLOGIES INC.,
GENUENT INC., INCLUDING WORKERS WHOSE UNEMPLOYMENT INSURANCE
(UI) WAGES ARE REPORTED THROUGH GENUENT IT FLUENCY, ALSO KNOWN
AS GENUENT, FORMERLY KNOW AS SEGULA TECHNOLOGIES
BMC CORPORATION PROFESSIONAL SERVICES AND FUSION STORM
WEBSTER, NEW YORK
Amended 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
(Department) issued a Certification of Eligibility to Apply for
Worker Adjustment Assistance on August 3, 2012, applicable to the
workers of HCL America Inc., a subsidiary of HCL Technologies
Limited, Webster, New York (subject firm). Workers are engaged
in activities related to the supply of application support and
development services and infrastructure services
(hardware/software testing) for clients. The Department’s Notice
of determination was published in the Federal Register on August
16, 2012 (77 FR 49459). The notice was amended on February 6,
2013 to include at the Wilsonville, Oregon facility that operated
in conjunction with workers at the Webster, New York facility.
The amended notice was published in the Federal Register on
February 22, 2013 (78 FR 12358-12359).
New information revealed that in January of 2012, Genuent,
acquired Segula Technologies. Genuent workers separated from
employment at the Webster, New York location of HCL America, Inc.,
a subsidiary of HCL Technologies Limited had their wages reported
through a separate unemployment insurance (UI) tax account under
the name Genuent IT Fluency, also known as Genuent, formerly known
as Segula Technologies.
Accordingly, the Department is amended this certification to
include workers of the subject firm whose unemployment insurance
(UI) wages are reported through Segula Technologies
The intent of the Department’s certification is to include
all workers of HCL America, Inc., Webster, New York (TA-W-81,776)
and Wilsonville, Oregon (TA-W-81,776A), who were all adversely
affected by an acquisition of application support and development
services and infrastructure services from India.
The amended notice applicable to TA-W-81,776 is hereby issued
as follows:
"All workers of HCL America Inc., a subsidiary of HCL
Technologies Limited, including on-site leased workers from
Xerox Corporation, V Dart, Inc., KRG Technologies, Inc.,
Genuent, Inc., including workers whose unemployment
insurance (UI) wages are reported through Genuent IT
Fluency, also known as Genuent, formerly known as Segula
Technologies, BMC Corporation Professional Services, and
Fusion Storm, Webster, New York (TA-W-81,776) and all
workers of HCL America, Inc., a subsidiary of HCL
Technologies Limited, Wilsonville, Oregon (TA-W-81,776A), who
became totally or partially separated from employment on or
after July 3, 2011 through August 3, 2014, and all workers in
the group threatened with partial or total separation from
employment on August 3, 2012 through August 3, 2014, are
eligible to apply for adjustment assistance under Chapter 2
of Title II of the Trade Act of 1974, as amended.”
Signed at Washington, D.C. this 3rd day of April, 2013
/s /Del Min Amy Chen
______
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-81,776
HCL AMERICA, INC.
A SUBSIDIARY OF HCL TECHNOLOGIES LIMITED
INCLUDING ON-SITE LEASED WORKERS FROM XEROX CORPORATION,
V DART INC., KRG TECHNOLOGIES INC., GENUENT INC.,
BMC CORPORATION PROFESSIONAL SERVICES, AND FUSION STORM
WEBSTER, NEW YORK
TA-W-81,776A
HCL AMERICA, INC.
A SUBSIDIARY OF HCL TECHNOLOGIES LIMITED
WILSONVILLE, OREGON
Amended 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
(Department) issued a Certification of Eligibility to Apply for
Worker Adjustment Assistance on August 3, 2012, applicable to the
workers of HCL America Inc., a subsidiary of HCL Technologies
Limited, Webster, New York (subject firm). The Department’s
Notice of determination was published in the Federal Register on
August 16, 2012. Workers are engaged in activities related to the
supply of application support and development services and
infrastructure services (hardware/software testing) for clients.
New information revealed that workers at the Wilsonville,
Oregon facility (TA-W-81,776A) operated in conjunction with
workers at the Webster, New York facility (TA-W-81,776).
The intent of the Department’s certification is to include
all workers of HCL America, Inc., Webster, New York (TA-W-81,776)
and Wilsonville, Oregon (TA-W-81,776A), who were all adversely
affected by an acquisition of services from a foreign Country.
The amended notice applicable to TA-W-81,776 is hereby issued
as follows:
"All workers of HCL America Inc., a subsidiary of HCL
Technologies Limited, including on-site leased workers from
Xerox Corporation, V Dart, Inc., KRG Technologies, Inc.,
Genuent, Inc., BMC Corporation Professional Services, and
Fusion Storm, Webster, New York (TA-W-81,776) and all
workers of HCL America, Inc., a subsidiary of HCL
Technologies Limited, Wilsonville, Oregon (TA-W-81,776A), who
became totally or partially separated from employment on or
after July 3, 2011 through August 3, 2014, and all workers in
the group threatened with partial or total separation from
employment on August 3, 2012 through August 3, 2014, are
eligible to apply for adjustment assistance under Chapter 2
of Title II of the Trade Act of 1974, as amended.”
Signed at Washington, D.C. this 6th day of February, 2013
/s/ Del Min Amy Chen
______
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-81,776
HCL AMERICAN INC.
A SUBSIDIARY OF HCL TECHNOLOGIES LIMITED
INCLUDING ON-SITE LEASED WORKERS FROM XEROX CORPORATION, V DART
INC., KRG TECHNOLOGIES INC., GENUENT INC.,
BMC CORPORATION PROFESSIONAL SERVICES, AND FUSION STORM
WEBSTER, NEW YORK
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:
(1) 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;
(2)(B)(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
(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; AND
(ii) the shift/acquisition must have
contributed importantly to the workers’
separation or threat of separation.
The investigation was initiated in response to a petition
filed on July 5, 2012 by a one-stop operator on behalf of workers
of HCL America Inc., a subsidiary of HCL Technologies Limited,
Webster, New York. The workers’ firm is engaged in activities
related to the supply of application support and development and
infrastructure services. The worker group includes on-site
leased workers from Xerox Corporation, V Dart Inc., KRG
Technologies, Inc., Genuent Inc., BMC Corporation Professional
Services, and Fusion Storm.
Section 222(a)(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(a)(2)(B) has been met because the workers’ firm
has acquired from a foreign country services like or directly
competitive with services supplied by the workers which
contributed importantly to worker group separations at HCL
America, Inc.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of HCL America Inc., a
subsidiary of HCL Technologies Limited, Webster, New York, who
are engaged in activities related to application support and
development and infrastructure 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 HCL America Inc., a subsidiary of HCL
Technologies Limited, including on-site leased workers from
Xerox Corporation, V Dart Inc., KRG Technologies, Inc.,
Genuent Inc., BMC Corporation Professional Services, and
Fusion Storm, Webster, New York, who became totally or
partially separated from employment on or after July 3, 2011
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 3rd day of August, 2012
/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance
- 2 -