DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-85,619

ORACLE AMERICA, INC.
TEKELEC DEAL MANAGEMENT DIVISION
A SUBSIDIARY OF ORACLE CORPORATION
INCLUDING ON-SITE LEASED WORKERS FROM HIRENETWORKS, INC.
AND
INCLUDING WORKERS WHOSE UNEMPLOYMENT INSURANCE (UI)
WAGES WERE REPORTED THROUGH TEKELEC GLOBAL AND TEKELEC, INC.
MORRISVILLE, NORTH CAROLINA

Notice of Revised Determination
After Statutory Reconsideration

As required by the Trade Adjustment Assistance Reauthorization
Act of 2015 (TAARA 2015), which was enacted as Title IV of the
Trade Preferences Extension Act of 2015, Public Law No. 114-27,
section 405(a)(1)(A), the investigation into this petition was
reopened for a reconsideration investigation to apply the
requirements for worker group eligibility under chapter 2 of
title II of the Trade Act of 1974, as amended by the TAARA 2015,
to the facts of this petition (statutory reconsideration).
The initial investigation, initiated on October 29, 2014,
resulted in a negative determination, issued on December 8, 2014,
that was based on the finding that neither increased imports nor
a shift in production to a foreign country contributed importantly
to the workers' separations. The determination was applicable to
workers and former workers of Oracle America, Inc., Tekelec Deal
Management Division, a subsidiary of Oracle Corporation, Morrisville,
North Carolina (Oracle America-Tekelec Deal Management Division).
The workers’ firm is engaged in activities related to the supply of
deal management contract review services for the subject firm’s sales
department. The subject worker group includes on-site leased workers
from Hirenetworks, Inc. and workers whose unemployment insurance (UI)
wages were reported through Tekelec Global and Tekelec, Inc.

Based on information reviewed during the reconsideration investigation,
the Department of Labor determines that a shift in the supply of
services to a foreign country contributed importantly to the workers'
separations.

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 supply of a service like or directly competitive
with the services supplied by the workers which contributed importantly
to worker group separations at Oracle America-Tekelec Deal Management
Division.

Conclusion

After careful review, I determine that workers of Oracle America, Inc.,
Tekelec Deal Management Division, a subsidiary of Oracle Corporation,
Morrisville, North Carolina, who are engaged in activities related to
the supply of deal management contract review 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 Oracle America, Inc. , Tekelec Deal Management
Division, a subsidiary of Oracle Corporation, including on-site
leased workers from Hirenetworks, Inc. and including workers whose
unemployment insurance (UI) wages were reported through Tekelec
Global and Tekelec, Inc., Morrisville, North Carolina, who became
totally or partially separated from employment on or after October 28,
2013, 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 19th day of August, 2015


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




DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-85,619

ORACLE AMERICA, INC.
TEKELEC DEAL MANAGEMENT DIVISION
A SUBSIDIARY OF ORACLE CORPORATION
INCLUDING ON-SITE LEASED WORKERS FROM HIRENETWORKS, INC.
MORRISVILLE, NORTH CAROLINA

Negative Determination Regarding Eligibility
To Apply For Worker Adjustment Assistance
And Alternative Trade 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.
Workers of a firm may be eligible for worker adjustment
assistance if they satisfy the criteria of subsection (a) and (b)
of Section 222 of the Act, 19 U.S.C. § 2272(a) and (b). For the
Department of Labor to issue a certification for workers under
Section 222(a) of the Act, 19 U.S.C. § 2272(a), the following three
criteria must be met:
(1) 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 such 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 second criterion (set forth in Section 222(a)(2) of the
Act, 19 U.S.C. § 2272(a)(2)) may be satisfied in one of two
ways:
(A) Increased Imports Path:
(i) sales or production, or both, at the workers' firm must
have decreased absolutely, AND
(ii) imports of articles like or directly competitive with
articles produced by such firm or subdivision have
increased; and
(iii) the increase described in clause (ii) contributed
importantly to such workers' separation or threat of
separation and to the decline in the sales or production
of such firm or subdivision.

(B) Shift in Production Path:
(i) there has been a shift in production by such workers'
firm or subdivision to a foreign country of articles like
or directly competitive with articles which are produced
by such firm or subdivision; and
(ii)(I) the country to which the workers' firm has
shifted production of the articles is a party to a free
trade agreement with the United States;
(II)the country to which the workers' firm has
shifted production of the articles is a beneficiary
country under the Andean Trade Preference Act, African
Growth and Opportunity Act, or the Caribbean Basin
Economic Recovery Act; or
(III)there has been or is likely to be an increase in
imports of articles that are like or directly
competitive with articles which are or were produced by
such firm or subdivision.

For the Department to issue a secondary worker certification
under Section 222(b) of the Act, 19 U.S.C. § 2272(b), to workers of
a Supplier or a Downstream Producer, the following criteria must be
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 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
terms "Supplier" and "Downstream Producer."
The investigation was initiated in response to a petition
filed on October 29, 2014 on behalf of workers of Oracle America,
Inc., Tekelec Deal Management Division, a subsidiary of Oracle
Corporation, including on-site leased workers from Hirenetworks,
Inc., Morrisville, North Carolina ("Oracle-Tekelec Deal
Management Division"). Oracle America, Inc. produces computer
hardware systems and enterprise software. The Tekelec Deal
Management Division does not produce an article. Workers of
Oracle-Tekelec Deal Management Division are engaged in activities
related to the supply of management contract review services.
With respect to Section 222(a)(2)(A) and Section 222(a)(2)(B)
of the Act, the investigation revealed that worker separations at
Oracle-Tekelec Deal Management Division are not attributable to
increased imports of articles or a shift in production of articles
to a foreign country.
With respect to Section 222(b) of the Act, the investigation
revealed that Oracle-Tekelec Deal Management Division is not 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).
In order for the Department to issue a certification of
eligibility to apply for alternative trade adjustment assistance
(ATAA), the worker group must be certified eligible to apply for
Trade Adjustment Assistance (TAA). Since the workers are denied
eligibility to apply for TAA, the workers cannot be certified
eligible for ATAA.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that all workers of Oracle America,
Inc., Tekelec Deal Management Division, a subsidiary of Oracle
Corporation, including on-site leased workers from Hirenetworks,
Inc., Morrisville, North Carolina, are denied eligibility to apply
for adjustment assistance under Section 223 of the Trade Act of
1974, and are also denied eligibility to apply for alternative
trade adjustment assistance under Section 246 of the Trade Act of
1974.
Signed in Washington, D.C., this 8th day of December, 2014

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