Petitioner Type: State
Impact Date: 03/05/2012
Filed Date: 03/07/2013
Most Recent Update: 04/03/2013
Determination Date: 04/03/2013
Expiration Date: 04/03/2015
Other Worker Groups on This Petition
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-82,537
MONTA VISTA SOFTWARE, LLC
A SUBSIDIARY OF CAVIUM, INC.
INCLUDING WORKERS WHOSE UNEMPLOYMENT INSURANCE (UI) WAGES
ARE REPORTED THROUGH TRINET HR CORPORATION
ARLINGTON, TEXAS
TA-W-82,537A
MONTA VISTA SOFTWARE, LLC
A SUBSIDIARY OF CAVIUM, INC.
INCLUDING WORKERS WHOSE UNEMPLOYMENT INSURANCE (UI) WAGES
ARE REPORTED THROUGH TRINET HR CORPORATION
SAN JOSE, CALIFORNIA
TA-W-82,537B
MONTA VISTA SOFTWARE, LLC
A SUBSIDIARY OF CAVIUM, INC.
INCLUDING WORKERS WHOSE UNEMPLOYMENT INSURANCE (UI) WAGES
ARE REPORTED THROUGH TRINET HR CORPORATION
TEMPE, ARIZONA
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
issued a Certification of Eligibility to Apply for Worker
Adjustment Assistance on April 3, 2013, applicable to workers of
Monta Vista Software, LLC, a subsidiary of Cavium, Inc.,
Arlington, Texas, Monta Vista Software, LLC, a subsidiary of
Cavium, Inc.., San Jose, California and Monta Vista Software,
LLC, a subsidiary of Cavium, Inc., Tempe, Arizona. The workers
are engaged in activities related to the production of software.
The notice was published in the Federal Register on April 30,
2013 (78 FR 25306).
At the request of the State agency, the Department reviewed
the certification for workers of the subject firm. New
information from the company shows that TriNet HR Corporation
provides outsourced human resources and employer services such
as payroll, benefits and other function services to Cavium, Inc.
Workers separated from employment at the Arlington, Texas, San
Jose, California and Temple, Arizona locations of Monta Vista
Software, LCC, a subsidiary of Cavium, Inc. had their wages
reported through a separate unemployment insurance (UI) tax
account under the name TriNet HR Corporation.
Accordingly, the Department is amended this certification
to include workers of the subject firm whose unemployment
insurance (UI) wages are reported through TriNet HR Corporation.
The intent of the Department’s certification is to include
all workers of the subject firm who were adversely affected by a
shift in software services to India.
The amended notice applicable to TA-W-82,537 is hereby
issued as follows:
"All workers from Monta Vista Software LLC, a
subsidiary of Cavium, Inc., including workers whose
unemployment insurance (UI) wages are reported to
TriNet HR Corporation, Arlington, Texas (TA-W-82,537);
Monta Vista Software LLC, a subsidiary of Cavium,
Inc., including workers whose unemployment insurance
(UI) wages are reported through TriNet HR Corporation,
San Jose, California (TA-W-82,537A); and Monta Vista
Software LLC, a subsidiary of Cavium, Inc., including
workers whose unemployment insurance (UI) wages are
reported through TriNet HR Corporation, Tempe, Arizona
(TA-W-82,537B), who became totally or partially
separated from employment on or after March 5, 2012,
through April 3, 2015, 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 at Washington, D.C. this 12th day of June 2013
/s/ Michael W. Jaffe
_____
MICHAEL W. JAFFE
Certifying Officer, Office
of Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-82,537
MONTA VISTA SOFTWARE, LLC
A SUBSIDIARY OF CAVIUM, INC.
ARLINGTON, TEXAS
TA-W-82,537A
MONTA VISTA SOFTWARE, LLC
A SUBSIDIARY OF CAVIUM, INC.
SAN JOSE, CALIFORNIA
TA-W-82,537B
MONTA VISTA SOFTWARE, LLC
A SUBSIDIARY OF CAVIUM, INC.
TEMPE, ARIZONA
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 by the Texas Workforce Commission on March 7, 2013, on behalf
of workers of Monta Vista Software LLC, a subsidiary of Cavium,
Inc., located in Arlington, Texas, San Jose, California and Tempe,
Arizona. The workers’ firm is engaged in activities related to
production of software.
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 shifted to a foreign country the production of software like or
directly competitive with the software produced by the workers,
which contributed importantly to worker group separations at
Monta Vista Software LLC.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Monta Vista Software
LLC, a subsidiary of Cavium, Inc., located in Arlington, Texas (TA-
W-82,537), San Jose, California (TA-W-82,537A) and Tempe, Arizona
(TA-W-82,537B), who are engaged in activities related to 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 Monta Vista Software LLC, a subsidiary of
Cavium, Inc., located in Arlington, Texas (TA-W-82,537), San
Jose, California (TA-W-82,537A) and Tempe, Arizona (TA-W-
82,537B), who became totally or partially separated from
employment on or after March 5, 2012 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 April, 2013
/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance
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Employment and Training Administration
TA-W-82,537
MONTA VISTA SOFTWARE, LLC
A SUBSIDIARY OF CAVIUM, INC.
INCLUDING WORKERS WHOSE UNEMPLOYMENT INSURANCE (UI) WAGES
ARE REPORTED THROUGH TRINET HR CORPORATION
ARLINGTON, TEXAS
TA-W-82,537A
MONTA VISTA SOFTWARE, LLC
A SUBSIDIARY OF CAVIUM, INC.
INCLUDING WORKERS WHOSE UNEMPLOYMENT INSURANCE (UI) WAGES
ARE REPORTED THROUGH TRINET HR CORPORATION
SAN JOSE, CALIFORNIA
TA-W-82,537B
MONTA VISTA SOFTWARE, LLC
A SUBSIDIARY OF CAVIUM, INC.
INCLUDING WORKERS WHOSE UNEMPLOYMENT INSURANCE (UI) WAGES
ARE REPORTED THROUGH TRINET HR CORPORATION
TEMPE, ARIZONA
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
issued a Certification of Eligibility to Apply for Worker
Adjustment Assistance on April 3, 2013, applicable to workers of
Monta Vista Software, LLC, a subsidiary of Cavium, Inc.,
Arlington, Texas, Monta Vista Software, LLC, a subsidiary of
Cavium, Inc.., San Jose, California and Monta Vista Software,
LLC, a subsidiary of Cavium, Inc., Tempe, Arizona. The workers
are engaged in activities related to the production of software.
The notice was published in the Federal Register on April 30,
2013 (78 FR 25306).
At the request of the State agency, the Department reviewed
the certification for workers of the subject firm. New
information from the company shows that TriNet HR Corporation
provides outsourced human resources and employer services such
as payroll, benefits and other function services to Cavium, Inc.
Workers separated from employment at the Arlington, Texas, San
Jose, California and Temple, Arizona locations of Monta Vista
Software, LCC, a subsidiary of Cavium, Inc. had their wages
reported through a separate unemployment insurance (UI) tax
account under the name TriNet HR Corporation.
Accordingly, the Department is amended this certification
to include workers of the subject firm whose unemployment
insurance (UI) wages are reported through TriNet HR Corporation.
The intent of the Department’s certification is to include
all workers of the subject firm who were adversely affected by a
shift in software services to India.
The amended notice applicable to TA-W-82,537 is hereby
issued as follows:
"All workers from Monta Vista Software LLC, a
subsidiary of Cavium, Inc., including workers whose
unemployment insurance (UI) wages are reported to
TriNet HR Corporation, Arlington, Texas (TA-W-82,537);
Monta Vista Software LLC, a subsidiary of Cavium,
Inc., including workers whose unemployment insurance
(UI) wages are reported through TriNet HR Corporation,
San Jose, California (TA-W-82,537A); and Monta Vista
Software LLC, a subsidiary of Cavium, Inc., including
workers whose unemployment insurance (UI) wages are
reported through TriNet HR Corporation, Tempe, Arizona
(TA-W-82,537B), who became totally or partially
separated from employment on or after March 5, 2012,
through April 3, 2015, 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 at Washington, D.C. this 12th day of June 2013
/s/ Michael W. Jaffe
_____
MICHAEL W. JAFFE
Certifying Officer, Office
of Trade Adjustment Assistance
4510-FN-P
DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-82,537
MONTA VISTA SOFTWARE, LLC
A SUBSIDIARY OF CAVIUM, INC.
ARLINGTON, TEXAS
TA-W-82,537A
MONTA VISTA SOFTWARE, LLC
A SUBSIDIARY OF CAVIUM, INC.
SAN JOSE, CALIFORNIA
TA-W-82,537B
MONTA VISTA SOFTWARE, LLC
A SUBSIDIARY OF CAVIUM, INC.
TEMPE, ARIZONA
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 by the Texas Workforce Commission on March 7, 2013, on behalf
of workers of Monta Vista Software LLC, a subsidiary of Cavium,
Inc., located in Arlington, Texas, San Jose, California and Tempe,
Arizona. The workers’ firm is engaged in activities related to
production of software.
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 shifted to a foreign country the production of software like or
directly competitive with the software produced by the workers,
which contributed importantly to worker group separations at
Monta Vista Software LLC.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Monta Vista Software
LLC, a subsidiary of Cavium, Inc., located in Arlington, Texas (TA-
W-82,537), San Jose, California (TA-W-82,537A) and Tempe, Arizona
(TA-W-82,537B), who are engaged in activities related to 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 Monta Vista Software LLC, a subsidiary of
Cavium, Inc., located in Arlington, Texas (TA-W-82,537), San
Jose, California (TA-W-82,537A) and Tempe, Arizona (TA-W-
82,537B), who became totally or partially separated from
employment on or after March 5, 2012 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 April, 2013
/s/Michael W. Jaffe
______________________________
MICHAEL W. JAFFE
Certifying Officer, Office of
Trade Adjustment Assistance
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