Petitioner Type: State
Impact Date: 01/28/2019
Filed Date: 01/29/2020
Most Recent Update: 10/28/2020
Determination Date: 10/28/2020
Expiration Date: 10/28/2022
Employment and Training Administration
TA-W-95,621
HCL AMERICA
NORTH CANTON, OHIO
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 January 29, 2020 by State Workforce Office on behalf of
workers and former workers of HCL America, North Canton, Ohio
(HCLA-North Canton). Workers of HCLA-North Canton are engaged in
activities related to the supply of a variety of services, such
as financial services, information technology services, supply
chain services, and support services. The worker group does not
include on-site leased workers.
During the course of the investigation, information was
collected from the petition and the workers' firm.
Section 222(a)(1) has been met because a significant
number or proportion of the workers in HCLA-North Canton 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 like or
directly competitive services which contributed importantly to
worker group separations at HCLA-North Canton.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of HCLA-North Canton
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, North Canton, Ohio, who became
totally or partially separated from employment on or after
January 28, 2019 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 28th day of October 2020.
/s/Del-Min Amy Chen
______________________________
DEL-MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance