DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-93,071

NATIONAL INSTRUMENTS
AMERICAS OPERATION DIVISION
AUSTIN, TEXAS

TA-W-93,071A

STAFFMARK WORKING ON-SITE AT
NATIONAL INSTRUMENTS
AMERICAS OPERATION DIVISION
AUSTIN, TEXAS

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 August 14, 2017 by a company official on behalf of
workers of National Instruments, Americas Operation Division,
including on-site leased workers from Staffmark, Austin, Texas
(“National Instruments”). The worker group is inclusive of
remote workers.
The worker group is engaged in activities related to the
supply of customer support services.
The worker group was certified eligible to apply for Trade
Adjustment Assistance under petition number TA-W-85,504 which
expired on September 15, 2016. The determination did not
include workers of Staffmark as a part of the worker group.
During the course of the investigation, information was
collected from the petitioner and the workers’ firm.
Section 222(a)(1) has been met because a significant number
or proportion of the workers in National Instruments 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 in
National Instruments.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of National Instruments,
Americas Operation Division, including on-site leased workers
from Staffmark, Austin, Texas, who are engaged in activities
related to the supply of customer support 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 National Instruments, Americas Operation
Division, Austin, Texas, who became totally or partially
separated from employment on or after September 16, 2016
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,


Workers of Staffmark, working on-site at National Instruments,
Americas Operation Division, Austin, Texas, who became
totally or partially separated from employment on or after
August 11, 2016 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 September 2017.

/s/Hope D. Kinglock
______________________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance