DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-95,369

SAP AMERICA
INCLUDING WORKERS WHOSE WAGES ARE REPORTED UNDER
SAP SYBASE, INC.
SAN RAMON, 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 November 12, 2019 by the state workforce office on
behalf of workers and former workers of SAP America, including
workers whose wages are reported under SAP Sybase, Inc., San
Ramon, California (SAP-San Ramon). Workers of SAP-San Ramon are
engaged in activities related to the supply of software
development and maintenance services.
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 SAP-San Ramon 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 acquired from a foreign country the supply of services like or
directly competitive with service supplied by the subject workers
which contributed importantly to worker group separations at
SAP-San Ramon.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of SAP-San Ramon, who are
engaged in activities related to the supply of software
development and maintenance 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 SAP America, including workers whose wages
are reported under SAP Sybase, Inc., San Ramon, California,
who became totally or partially separated from employment on
or after November 8, 2018 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 5th day of February 2020.

/s/Del-Min Amy Chen
______________________________
DEL-MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance