Petitioner Type: State
Impact Date: 02/20/2019
Filed Date: 02/21/2020
Most Recent Update: 02/12/2021
Determination Date: 02/12/2021
Expiration Date: 02/12/2023
Employment and Training Administration
TA-W-95,717
HCL AMERICA, INC.
ENGINEERING, R&D SERVICES, AND DIGITAL PROCESS OPERATIONS
PROVIDENCE, RHODE ISLAND
TA-W-95,717A
HCL AMERICA, INC.
ENGINEERING, R&D SERVICES, AND DIGITAL PROCESS OPERATIONS
SUNNYVALE, CALIFORNIA
TA-W-95,717B
HCL AMERICA, INC.
ENGINEERING, R&D SERVICES, AND DIGITAL PROCESS OPERATIONS
APPLETON, WISCONSIN
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 February 21, 2020, by a State Workforce Office on behalf
of workers of HCL America, Inc., Engineering, R&D Services, and
Digital Process Operations, Providence, Rhode Island (TA-W-
95,717); HCL America, Inc., Engineering, R&D Services, and Digital
Process Operations, Sunnyvale, California (TA-W-95,717A); and HCL
America, Inc., Engineering, R&D Services, and Digital Process
Operations, Appleton, Wisconsin (TA-W-95,717B).
During the course of the investigation, information was
collected from the petitioner and workers' firm.
HCL America is a global company engaged in activities related
to the supply of computer programming services, informational
technology (IT) management, software engineering, and other
services. As background, it was discovered that several years ago,
HCL America bought out several operations from Xerox Corporation,
and the workers covered under this petition were former workers of
Xerox that were rehired by HCL.
Trade Adjustment Assistance petition no. TA-W-95,717 was
filed on behalf of the workers of HCL America, Inc. in Providence,
Rhode Island. Subsequent petition nos. TA-W-95,718 and TA-W-
95,765, were filed for the firm's locations in Sunnyvale,
California and Appleton, Wisconsin, respectively. The
investigation revealed that the worker groups of all three
petitions were engaged in the supply of engineering, R&D services,
and digital process operations, which encompasses the workers'
various job functions. As a result, the latter petitions were
terminated and consolidated under the investigation into TA-W-
95,717.
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 a service like or
directly competitive with the service supplied by the workers which
contributed importantly to the worker group separations at HCL
America, Inc. in Providence, Rhode Island; Sunnyvale, California;
and Appleton, Wisconsin.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of HCL America, Inc.,
Engineering, R&D Services, and Digital Process Operations,
Providence, Rhode Island (TA-W-95,717); HCL America, Inc.,
Engineering, R&D Services, and Digital Process Operations,
Sunnyvale, California (TA-W-95,717A); and HCL America, Inc.,
Engineering, R&D Services, and Digital Process Operations,
Appleton, Wisconsin (TA-W-95,717B), who are engaged in activities
related to the supply of engineering, R&D services, and digital
process operations, 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., Engineering, R&D Services,
and Digital Process Operations, Providence, Rhode Island (TA-
W-95,717); HCL America, Inc., Engineering, R&D Services, and
Digital Process Operations, Sunnyvale, California (TA-W-
95,717A); and HCL America, Inc., Engineering, R&D Services,
and Digital Process Operations, Appleton, Wisconsin (TA-W-
95,717B), who became totally or partially separated from
employment on or after February 20, 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 12th day of February, 2021
/s/ Hope D. Kinglock
_______________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance