Certified
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TAW-91697  /  Oracle America, Inc. (Denver, CO)

Petitioner Type: State
Impact Date: 04/13/2015
Filed Date: 04/14/2016
Most Recent Update: 05/20/2016
Determination Date: 05/20/2016
Expiration Date: 05/20/2018

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-91,697

ORACLE AMERICA, INC.
A SUBSIDIARY OF ORACLE CORPORATION
J.D. EDWARDS DEVELOPMENT DIVISION
DENVER, COLORADO

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.

"Firm includes an individual proprietorship, partnership,
joint venture, association, corporation (including a development
corporation), business trust, cooperative, trustee in bankruptcy,
and receiver under decree of any court." 29 CFR 90.2
The investigation was initiated in response to a petition
filed on April 14, 2016 by the State of Colorado on behalf of
Oracle America, Inc., a subsidiary of Oracle Corporation, J.D.
Edwards Development Division, Denver, Colorado (Oracle America,
J.D. Edwards Development). Workers of Oracle America, J.D.
Edwards Development are engaged in activities related to the
supply of application programming services. The worker group
does not include on-site leased workers.
During the course of the investigation, information was
collected from the workers' firm.
Section 222(a)(1) has been met because a significant number
or proportion of the workers in Oracle America, J.D. Edwards
Development 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 services like or
directly competitive with the application programming services
supplied by the subject workers which contributed importantly to
worker group separations at Oracle America, J.D. Edwards
Development.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Oracle America, J.D.
Edwards Development, who are engaged in activities related to the
supply of application programming 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., a subsidiary of Oracle
Corporation, J.D. Edwards Development Division, Denver,
Colorado, who became totally or partially separated from
employment on or after April 13, 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 20th day of May 2016.
/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance