Petitioner Type: Workers
Impact Date: 11/12/2018
Filed Date: 12/02/2019
Most Recent Update: 09/17/2020
Determination Date: 09/17/2020
Expiration Date: 09/17/2022
Employment and Training Administration
TA-W-95,434
HCL AMERICA INC.
DIGITAL PROCESS OPERATIONS UNIT
ENGINEERING UNIT
RESEARCH AND DEVELOPMENT SERVICES UNIT
BOLINGBROOK, ILLINOIS
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 December 2, 2019 on behalf of workers and former workers
of HCL America Inc., Digital Process Operations Unit,
Engineering Unit, Research and Development Services Unit,
Bolingbrook, Illinois (HCL, DPO/Engineering/R&D-Bolingbrook).
Workers of HCL, DPO/Engineering/R&D-Bolingbrook are engaged in
the supply of support services, such as delivery, engineering,
financial, human resources, information technology, procurement,
research and development, supply, and administrative services.
During the course of the investigation, information was
collected from the petitioner(s) and the workers' firm.
Section 222(a)(1) has been met because a significant number
or proportion of the workers in HCL, DPO/Engineering/R&D-
Bolingbrook 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(s) the supply of services like
or directly competitive with the support services supplied by the
subject workers which contributed importantly to worker group
separations at HCL, DPO/Engineering/R&D-Bolingbrook.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of HCL,
DPO/Engineering/R&D-Bolingbrook, who are engaged in activities
related to the supply of 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 HCL America Inc., Digital Process Operations
Unit, Engineering Unit, Research and Development Services
Unit, Bolingbrook, Illinois, who became totally or partially
separated from employment on or after November 12, 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 17th day of September 2020.
/s/Del-Min Amy Chen
______________________________
DEL-MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance