DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-94,889

XEROX CORPORATION
INCLUDING ON-SITE LEASED WORKERS FROM
COLLABERA (USA), COMPUTER TASK GROUP, INC., INSYNC STAFFING,
LLC, PALADIN CONSULTING – DFW, RANDSTAD SOURCERIGHT, REAL SOFT,
INC., WHITENACK CONSULTING, ACARA SOLUTIONS, INC., ADVANTAGE
TECHNICAL RESOURCING, ANALYSTS INTERNATIONAL CORPORATION, BUCHER
& CHRISTIAN CONSULTING, INC., COMFORCE (VERSOGENICS, INC. D/B/A
COMFORCE), COMPUTER TASK GROUP, INC., GENUENT LLC, MODIS, INC.,
ZENTECH CONSULTING, AND RANDSTAD GENERAL PARTNER (US) LLC
WILSONVILLE, OREGON


Notice of Revised Determination
on Reconsideration

On April 14, 2020, the Department of Labor issued an Affirmative
Determination Regarding Application for Reconsideration for the
workers and former workers of Xerox Corporation, including on-site
leased workers from Collabera (USA), Computer Task Group, Inc.,
InSync Staffing, LLC, Paladin Consulting – DFW, Randstad SourceRight,
Real Soft, Inc., Whitenack Consulting, Acara Solutions, Inc.,
Advantage Technical Resourcing, Analysts International Corporation,
Bucher & Christian Consulting, Inc., Comforce (VersoGenics, Inc.
D/B/A Comforce), Computer Task Group, Inc., GENUENT LLC, Modis, Inc.,
Zentech Consulting, and Randstad General Partner (US) LLC,
Wilsonville, Oregon (Xerox-Wilsonville). Xerox Corporation is engaged
in activities related to the production of printers, multifunction
products, copiers, and digital printing presses, as well as the
supply of associated software solutions and services. Workers of
Xerox-Wilsonville are engaged in activities related to the supply
of various support services (such as research, product development,
strategy, administration, operations, and technical support
services).
The request for reconsideration asserts that the workers of
Xerox-Wilsonville should be eligible to apply for Trade Adjustment
Assistance (TAA) because the supply of support services shifted to
India and Guatemala.
Based on a careful review of the petition, previously submitted
information, the request for reconsideration, and additional
information provided during the reconsideration investigation, the
Department determines that the subject worker group (Xerox-
Wilsonville) has met the criteria under Section 222(b) of the Trade
Act, as amended.
Section 222(b)(1) has been met because a significant number or
proportion of the workers in Xerox-Wilsonville have become totally or
partially separated, or are threatened to become totally or partially
separated.
Section 222(b)(2) has been met because Xerox-Wilsonville is a
Supplier 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 is related to the service that was
the basis for such certification.
Section 222(b)(3)(B) has been met because the loss of business
by Xerox Wilsonville with the afore-referenced firm contributed
importantly to worker separations at Xerox-Wilsonville.
Conclusion
After careful review, I determine that workers of Xerox-
Wilsonville meet the worker group certification criteria under
Section 222(b) 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 Xerox Corporation, including on-site leased
workers from Collabera (USA), Computer Task Group, Inc., InSync
Staffing, LLC, Paladin Consulting – DFW, Randstad SourceRight,
Real Soft, Inc., Whitenack Consulting, Acara Solutions, Inc.,
Advantage Technical Resourcing, Analysts International
Corporation, Bucher & Christian Consulting, Inc., Comforce
(VersoGenics, Inc. D/B/A Comforce), Computer Task Group, Inc.,
GENUENT LLC, Modis, Inc., Zentech Consulting, and Randstad
General Partner (US) LLC, Wilsonville, Oregon, who became totally
or partially separated from employment on or after June 10, 2018,
through two years from the date of this certification, and all
workers in the group threatened with total or partial separation
from employment on 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 6th day of May, 2020

/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-94,889

XEROX CORPORATION
INCLUDING ON-SITE LEASED WORKERS FROM
COLLABERA (USA), COMPUTER TASK GROUP, INC., INSYNC STAFFING,
LLC, PALADIN CONSULTING – DFW, RANDSTAD SOURCERIGHT, REAL
SOFT, INC., WHITENACK CONSULTING, ACARA SOLUTIONS, INC.,
ADVANTAGE TECHNICAL RESOURCING, ANALYSTS INTERNATIONAL
CORPORATION, BUCHER & CHRISTIAN CONSULTING, INC., COMFORCE
(VERSOGENICS, INC. D/B/A COMFORCE), COMPUTER TASK GROUP, INC.,
GENUENT LLC, MODIS, INC., ZENTECH CONSULTING, AND RANDSTAD
GENERAL PARTNER (US) LLC
WILSONVILLE, OREGON


Notice of Affirmative Determination
Regarding Application for Reconsideration

By application dated April 8, 2020, a state workforce official
requested administrative reconsideration of the negative
determination regarding eligibility to apply for worker adjustment
assistance applicable to workers and former workers of Xerox
Corporation, including on-site leased workers from Collabera
(USA), Computer Task Group, Inc., InSync Staffing, LLC, Paladin
Consulting – DFW, Randstad SourceRight, Real Soft, Inc., Whitenack
Consulting, Acara Solutions, Inc., Advantage Technical Resourcing,
Analysts International Corporation, Bucher & Christian Consulting,
Inc., Comforce (VersoGenics, Inc. D/B/A Comforce), Computer Task
Group, Inc., GENUENT LLC, Modis, Inc., Zentech Consulting, and
Randstad General Partner (US) LLC, Wilsonville, Oregon (Xerox-
Wilsonville). The workers’ firm is engaged in activities related
to the production of printers, multifunction products, copiers,
and digital printing presses, as well as the supply of the
associated software solutions and services. The subject worker
group (Xerox- Wilsonville) is engaged in activities related to the
supply of research, product development, strategy, administration,
operations, and technical support services.
Pursuant to 29 CFR 90.18(c) reconsideration may be granted
under the following circumstances:
(1) If it appears on the basis of facts not previously
considered that the determination complained of
was erroneous;
(2) If it appears that the determination complained of
was based on a mistake in the determination of facts
not previously considered; or
(3) If in the opinion of the Certifying Officer, a
misinterpretation of facts or of the law justified
reconsideration of the decision.
The request for reconsideration asserts that the workers of
Xerox-Wilsonville should be eligible to apply for Trade Adjustment
Assistance (TAA) because the supply of services were shifted to
India and Guatemala.
The Department of Labor has carefully reviewed the request for
reconsideration and the existing record, and has determined that
the Department will conduct further investigation to determine if
the workers meet the eligibility requirements of the Trade Act of
1974, as amended.
Conclusion
After careful review of the application, I conclude that the
claim is of sufficient weight to justify reconsideration of the
U.S. Department of Labor's prior decision. The application is,
therefore, granted.
Signed in Washington, D.C. this 14th day of April, 2020

/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-94,889

XEROX CORPORATION
INCLUDING ON-SITE LEASED WORKERS FROM
COLLABERA (USA); COMPUTER TASK GROUP, INC.; INSYNC STAFFING,
LLC; PALADIN CONSULTING - DFW; RANDSTAD SOURCERIGHT; REAL
SOFT, INC.; WHITENACK CONSULTING; ACARA SOLUTIONS, INC.;
ADVANTAGE TECHNICAL RESOURCING; ANALYSTS INTERNATIONAL
CORPORATION; BUCHER & CHRISTIAN CONSULTING INC.; COMFORCE -
(VERSOGENICS INC. DBA COMFORCE); COMPUTER TASK GROUP, INC.;
GENUENT LLC; MODIS, INC; ZENTECH CONSULTING; AND RANDSTAD
GENERAL PARTNER (US) LLC
WILSONVILLE, OREGON

Negative Determination 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.
Workers of a firm may be eligible for worker adjustment
assistance if they satisfy the criteria of subsection (a), (b)
or (e) of Section 222 of the Act, 19 U.S.C. § 2272(a), (b) and
(e). 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 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 the workers' firm
must have become totally or partially separated or be
threatened with total or partial separation.

(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) (I) imports of articles or services like or directly
competitive with articles or services produced or
supplied by the workers' firm have increased, OR
(II)(aa) imports of articles like or directly
competitive with articles into which the
component part produced by the workers' firm was
directly incorporated have increased; OR
(II)(bb) imports of articles like or directly
competitive with articles which are produced
directly using the services supplied by the
workers' firm have increased; OR
(III) imports of articles directly incorporating
component parts not produced in the U.S. that are
like or directly competitive with the article
into which the component part produced by the
workers' firm was directly incorporated have
increased; AND
(iii) the increase in imports 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.

(B) Shift in Production or Supply Path:
(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 described in clause (i)(I) or the
acquisition of articles or services described in
clause (i)(II) contributed importantly to such
workers' separation or threat of separation.

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 or
service 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."
Workers of a firm may also be considered eligible if they
are publicly identified by name by the International Trade
Commission as a member of a domestic industry in an
investigation resulting in a category of determination that is
listed in Section 222(e) of the Act, 19 U.S.C. § 2272(e).
The group eligibility requirements for workers of a firm
under Section 222(e) of the Act, 19 U.S.C. § 2272(e), can be
satisfied if the following criteria are met:
(1) the workers' firm is publicly identified by name by
the International Trade Commission as a member of a
domestic industry in an investigation resulting in--
(A) an affirmative determination of serious injury or
threat thereof under section 202(b)(1);
(B) an affirmative determination of market disruption
or threat thereof under section 421(b)(1); or
(C) an affirmative final determination of material
injury or threat thereof under section
705(b)(1)(A) or 735(b)(1)(A) of the Tariff Act of
1930 (19 U.S.C. 1671d(b)(1)(A) and
1673d(b)(1)(A));

(2) the petition is filed during the 1-year period
beginning on the date on which--
(A) a summary of the report submitted to the
President by the International Trade Commission
under section 202(f)(1) with respect to the
affirmative determination described in paragraph
(1)(A) is published in the Federal Register under
section 202(f)(3); or
(B) notice of an affirmative determination described
in subparagraph (1) is published in the Federal
Register; and

(3) the workers have become totally or partially
separated from the workers' firm within--
(A) the 1-year period described in paragraph (2); or
(B) notwithstanding section 223(b), the 1-year
period preceding the 1-year period described in
paragraph (2).

The investigation was initiated in response to a petition
filed on June 11, 2019, by a state workforce office on behalf of
workers of Xerox Corporation, Wilsonville, Oregon. The workers'
firm is engaged in activities related to the production of
printers and multifunction products, copiers, and digital
printing presses, as well as the supply of the associated
software solutions and services. The subject worker group is
engaged in activities related to the supply of research,
product development, strategy, administration, operations, and
technical support services. The worker group is inclusive of
on-site leased workers from Collabera (USA); Computer Task
Group, Inc.; InSync Staffing, LLC; Paladin Consulting - DFW;
Randstad SourceRight; Real Soft, Inc.; Whitenack Consulting;
Acara Solutions, Inc.; Advantage Technical Resourcing; Analysts
International Corporation; Bucher & Christian Consulting Inc.;
Comforce - (VersoGenics Inc. dba Comforce); Computer Task Group,
Inc.; GENUENT LLC; Modis, Inc.; Zentech Consulting; and Randstad
General Partner (US) LLC.
The petitioner alleged, "Xerox workers stated they trained
workers from India and their jobs were shifted to India Company
HCL Technologies (just signed managed services agreement with
Xerox). This location was previously certified on petition
#82416. UI Report shows 57 workers laid off over the past 12
months."
During the course of the investigation, information was
collected from the petitioner and workers' firm.
With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed that imports did not increase. Imports
of services like or directly competitive to research, product
development, strategy, administration, operations, and technical
support services, were not reported during 2017, 2018, or
during the period of January through May 2019.
With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the workers' firm shifted the work
for two positions within the Research & Product Development team
to India. However, the shift in services does not contribute
importantly to the worker separations because a significant
number or proportion of the workers in such workers' firm,
have not become totally or partially separated, nor are they
threatened to become totally or partially separated. During
the period of investigation, no additional worker separations
occurred of foreign trade or a shift to India. The shift of two
positions does not contribute importantly to the overall worker
separations at the Wilsonville, Oregon site.
With respect to Section 222(b)(2) of the Act, the
investigation revealed that the workers' firm is not a
Supplier or does not act as a 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).
Finally, the group eligibility requirements under Section
222(e) of the Act, have not been satisfied either because
Criterion (1) has not been met since the workers' firm has not
been publicly identified by name by the International Trade
Commission as a member of a domestic industry in an
investigation resulting in an affirmative finding of serious
injury, market disruption, or material injury, or threat
thereof.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that the requirements of Section 222
of the Act, 19 U.S.C. § 2272, have not been met and, therefore,
deny the petition for group eligibility of Xerox Corporation,
including on-site leased workers from Collabera (USA); Computer
Task Group, Inc.; InSync Staffing, LLC; Paladin Consulting -
DFW; Randstad SourceRight; Real Soft, Inc.; Whitenack
Consulting; Acara Solutions, Inc.; Advantage Technical
Resourcing; Analysts International Corporation; Bucher &
Christian Consulting Inc.; Comforce - (VersoGenics Inc. dba
Comforce); Computer Task Group, Inc.; GENUENT LLC; Modis, Inc.;
Zentech Consulting; and Randstad General Partner (US) LLC,
Wilsonville, Oregon, engaged in activities related to the supply
of research, product development, strategy, administration,
operations, and technical support services, to apply for
adjustment assistance, in accordance with Section 223 of the
Act, 19 U.S.C. § 2273.
Signed in Washington, D.C. this 26th day of March 2020.

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