DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-91,638

EMC CORPORTATION
DISK LIBRARY FOR MAINFRAME (DLM) DIVISION
HOPKINTON, MASSACHUSETTS

TA-W-91,638A

ON-SITE LEASED WORKERS FROM ADVANTAGE TECHNICAL RESOURCES,
IGATE (NOW KNOWN AS CAPGEMINI), AND TATA AMERICA REPORTING TO
EMC CORPORTATION, DISK LIBRARY FOR MAINFRAME (DLM) DIVISION
HOPKINTON, MASSACHUSETTS

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 March 29, 2016 by the State Workforce Official on
behalf of workers EMC Corporation, Disk Library for Mainframe
(DLM) Division, Hopkinton, Massachusetts (TA-W-91,638) and on-
site leased workers from Advantage Technical Resources, IGATE
(now Capgemini), and TATA America reporting to EMC Corporation,
DLM Division, Hopkinton, Massachusetts (TA-W-91,638A) (hereafter
collectively referred to as “EMC-DLM”). The subject worker group
is engaged in activities related to the production of mainframes.
Workers and former workers of EMC Corporation, Hopkinton,
Massachusetts (TA-W-91,638) were eligible to apply for Trade
Adjustment Assistance (TAA) under TA-W-82,641 (certification
expired on June 4, 2015). The afore-mentioned certification did
not include any on-site leased workers.
During the course of the investigation, information was
collected from the petitioner and workers’ firm.
Section 222(a)(1) has been met because a significant number
or proportion of the workers in EMC-DLM 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 an article like
or directly competitive with the mainframes produced by the
subject workers which contributed importantly to worker group
separations at EMC-DLM.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of EMC-DLM, who are
engaged in activities related to production of mainframes, 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 certifications:
“All workers EMC Corporation, Disk Library for Mainframe
(DLM) Division, Hopkinton, Massachusetts (TA-W-91,638), who
became totally or partially separated from employment on or
after June 5, 2015 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” and
“All on-site leased workers from Advantage Technical
Resources, IGATE (now Capgemini), and TATA America reporting
to EMC Corporation, Disk Library for Mainframe (DLM)
Division, Hopkinton, Massachusetts (TA-W-91,638A), who became
totally or partially separated from employment on or after
March 29, 2015 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 26th day of August, 2016
/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance