Petitioner Type: State
Impact Date: 01/24/2019
Filed Date: 02/25/2020
Most Recent Update: 03/10/2020
Determination Date: 03/10/2020
Expiration Date: 03/10/2022
Employment and Training Administration
TA-W-95,728
DELL PRODUCTS L.P.
NETWORK HARDWARE TEAM
AN INDIRECT WHOLLY OWNED SUBSIDIARY OF DELL, INC.
SANTA CLARA, 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 by a State Workforce Office on February 25, 2020 on behalf
of workers and former workers of Dell Products L.P., Network
Hardware Team, an indirect wholly owned subsidiary of Dell,
Inc., Santa Clara, California (Dell-Network Hardware Team).
The workers' firm is engaged in development, production and
sales of computers and related products and services. Workers of
Dell-Network Hardware Team are engaged in activities related to
the production of networking platforms.
Section 222(a)(1) has been met because a significant
number or proportion of the workers in Dell-Network Hardware
Team 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 production of articles
like or directly competitive with the articles produced by the
subject workers which contributed importantly to the worker
group separations at Dell-Network Hardware Team.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Dell-Network Hardware
Team, who are engaged in activities related to production of
networking platforms, 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 Dell Products L.P., Network Hardware Team,
an indirect wholly owned subsidiary of Dell, Inc., Santa
Clara, California, who became totally or partially
separated from employment on or after February 24, 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 10th day of March 2020.
/s/Del-Min Amy Chen
______________________________
DEL-MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance