DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-93,762

VMWARE, INC.
AN INDIRECT SUBSIDIARY OF DELL TECHNOLOGIES INC.
INCLUDING WORKERS WHOSE WAGES WERE REPORTED UNDER NICIRA, INC.
INCLUDING ON-SITE LEASED WORKERS FROM KELLY SERVICES INC.
PALO ALTO, CALIFORNIA

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 April 25, 2018 by a state workforce office on behalf of
workers of VMware, Inc., an indirect subsidiary of Dell
Technologies Inc., including workers whose wages were reported
under Nicira, Inc., including on-site leased workers from Kelly
Services Inc., Palo Alto, California (VMware, Inc.). The
workers' firm is engaged in the activities related to the supply
of software maintenance and support, training and consulting
services.
During the course of the investigation, information was
collected from the workers' firm and the petitioner.
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 software
maintenance and support, training and consulting services like
or directly competitive with the service supplied by the workers
which contributed importantly to worker group separations at
VMware, Inc.

Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of VMware, Inc., an
indirect subsidiary of Dell Technologies Inc., including workers
whose wages were reported under Nicira, Inc., including on-site
leased workers from Kelly Services Inc., Palo Alto, California,
who are engaged in activities related to the supply of software
maintenance and support, training and consulting 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 VMware, Inc., an indirect subsidiary of
Dell Technologies Inc., including workers whose wages were
reported under Nicira, Inc., including on-site leased
workers from Kelly Services Inc., Palo Alto, California,
who became totally or partially separated from employment
on or after April 24, 2017 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 24th day of May 2018.

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