Denied
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TAW-95764C  /  Landis+Gyr Technology, Inc. (Pequot Lakes, MN)

Petitioner Type: State
Impact Date:
Filed Date: 03/04/2020
Most Recent Update: 04/22/2021
Determination Date: 04/22/2021
Expiration Date:

DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-95,764

LANDIS+GYR TECHNOLOGY, INC.

INFORMATION TECHNOLOGY AND RESEARCH & DEVELOPMENT (DESIGN
DEVELOPMENT ENGINEERING)

A SUBSIDIARY OF LANDIS+GYR AG

INCLUDING ON-SITE LEASED WORKERS FROM DISCOVER STAFFING, LLC;

HUNTER TECHNICAL RESOURCES LLC; AEROTEK, INC.; XPECT SVC LLC;
DIGITAL INTELLIGENCE SYSTEMS, LLC; INSIGHT GLOBAL LLC; RANDSTAD
TECHNOLOGIES, L.P.; MIRACLE SOFTWARE SYSTEMS INC.; HARMAN
CONNECTED SERVICES; AND LEVERX INC.

ALPHARETTA, GEORGIA

TA-W-95,764A

LANDIS+GYR TECHNOLOGY, INC.

INFORMATION TECHNOLOGY, SUPPLY CHAIN MANAGEMENT, AND

RESEARCH & DEVELOPMENT (DESIGN DEVELOPMENT ENGINEERING)

A SUBSIDIARY OF LANDIS+GYR AG

INCLUDING ON-SITE LEASED WORKERS FROM PRO STAFF

PEQUOT LAKES, MINNESOTA

TA-W-95,764B

LANDIS+GYR TECHNOLOGY, INC.

CUSTOMER DELIVERY

A SUBSIDIARY OF LANDIS+GYR AG

INCLUDING ON-SITE LEASED WORKERS FROM

DIGITAL INTELLIGENCE SYSTEMS, LLC

ALPHARETTA, GEORGIA

TA-W-95,764C

LANDIS+GYR TECHNOLOGY, INC.

CUSTOMER DELIVERY

A SUBSIDIARY OF LANDIS+GYR AG

INCLUDING ON-SITE LEASED WORKERS FROM PRO STAFF

PEQUOT LAKES, MINNESOTA

Determinations 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.

Workers of a firm may be eligible for worker adjustment
assistance if they satisfy the criteria of subsection (a), (b) or
(e) of Section 222 of the Act, 19 U.S.C. § 2272(a), (b) and (e).
For the Department of Labor to issue a certification for workers
under Section 222(a) of the Act, 19 U.S.C. § 2272(a), the following
criteria must be met:

(1) The first criterion (set forth in Section 222(a)(1) of the
Act, 19 U.S.C. § 2272(a)(1)) requires that a significant
number or proportion of the workers in the workers' firm must
have become totally or partially separated or be threatened
with total or partial separation.

(2) The second criterion (set forth in Section 222(a)(2) of the
Act, 19 U.S.C. § 2272(a)(2)) may be satisfied in one of two
ways:

(A) Increased Imports Path:

(i) sales or production, or both, at the workers' firm must
have decreased absolutely; AND

(ii) (I) imports of articles or services like or directly
competitive with articles or services produced or
supplied by the workers' firm have increased, OR

(II)(aa) imports of articles like or directly
competitive with articles into which the component
part produced by the workers' firm was directly
incorporated have increased; OR

(II)(bb) imports of articles like or directly
competitive with articles which are produced
directly using the services supplied by the
workers' firm have increased; OR

(III) imports of articles directly incorporating
component parts not produced in the U.S. that are
like or directly competitive with the article into
which the component part produced by the workers'
firm was directly incorporated have increased; AND

(iii) the increase in imports described in clause (ii)
contributed importantly to such workers' separation or
threat of separation and to the decline in the sales
or production of such firm.

(B) Shift in Production or Supply Path:

(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 described in clause (i)(I) or the acquisition
of articles or services described in clause (i)(II)
contributed importantly to such workers' separation or
threat of separation.

For the Department to issue a secondary worker certification
under Section 222(b) of the Act, 19 U.S.C. § 2272(b), to workers
of a Supplier or a Downstream Producer, the following criteria
must be met:

(1) a significant number or proportion of the workers in the
workers' firm or an appropriate subdivision of the firm
have become totally or partially separated, or are
threatened to become totally or partially separated;

(2) the workers' firm is a Supplier or Downstream Producer
to a firm that employed a group of workers who received
a certification of eligibility under Section 222(a) of
the Act, 19 U.S.C. § 2272(a), and such supply or
production is related to the article or service that was
the basis for such certification; and

(3) either

(A) the workers' firm is a supplier and the component
parts it supplied to the firm described in paragraph (2)
accounted for at least 20 percent of the production or
sales of the workers' firm;
or

(B) a loss of business by the workers' firm with the
firm described in paragraph (2) contributed importantly
to the workers' separation or threat of separation.

Section 222(c) of the Act, 19 U.S.C. § 2272(c), defines the
terms "Supplier" and "Downstream Producer."

Workers of a firm may also be considered eligible if they
are publicly identified by name by the International Trade
Commission as a member of a domestic industry in an investigation
resulting in a category of determination that is listed in
Section 222(e) of the Act, 19 U.S.C. § 2272(e).

The group eligibility requirements for workers of a firm under
Section 222(e) of the Act, 19 U.S.C. § 2272(e), can be satisfied
if the following criteria are met:

(1) the workers' firm is publicly identified by name by the
International Trade Commission as a member of a domestic
industry in an investigation resulting in--

(A) an affirmative determination of serious injury or
threat thereof under section 202(b)(1);

(B) an affirmative determination of market disruption
or threat thereof under section 421(b)(1); or

(C) an affirmative final determination of material
injury or threat thereof under section 705(b)(1)(A)
or 735(b)(1)(A) of the Tariff Act of 1930 (19 U.S.C.
1671d(b)(1)(A) and 1673d(b)(1)(A));

(2) the petition is filed during the 1-year period beginning
on the date on which--

(A) a summary of the report submitted to the President
by the International Trade Commission under section
202(f)(1) with respect to the affirmative
determination described in paragraph (1)(A) is
published in the Federal Register under section
202(f)(3); or

(B) notice of an affirmative determination described in
subparagraph (1) is published in the Federal
Register; and

(3) the workers have become totally or partially
separated from the workers' firm within--

(A) the 1-year period described in paragraph (2); or

(B)notwithstanding section 223(b), the 1-year
period preceding the 1-year period described in
paragraph (2).

The investigation was initiated in response to a petition
filed on March 4, 2020, by a State Workforce Office on behalf of
workers of Landis+Gyr Technology, Inc., Information Technology and
Research & Development (Design Development Engineering), a
subsidiary of Landis+Gyr AG, including on-site leased workers from
Discover Staffing, LLC; HUNTER Technical Resources LLC; Aerotek,
Inc.; Xpect Svc LLC; Digital Intelligence Systems, LLC; Insight
Global LLC; Randstad Technologies, L.P.; Miracle Software Systems
Inc.; HARMAN Connected Services, and LeverX Inc.; Alpharetta,
Georgia (TA-W-95,764); Landis+Gyr Technology, Inc., Information
Technology, Supply Chain Management, and Research & Development
(Design Development Engineering), a subsidiary of Landis+Gyr AG,
including on-site leased workers from Pro Staff, Pequot Lakes,
Minnesota (TA-W-95,764A); Landis+Gyr Technology, Inc., Customer
Delivery, a subsidiary of Landis+Gyr AG, including on-site leased
workers from Digital Intelligence Systems, LLC; Alpharetta,
Georgia (TA-W-95,764B); and Landis+Gyr Technology, Inc.,
Customer Delivery, a subsidiary of Landis+Gyr AG, including on-
site leased workers from Pro Staff, Pequot Lakes, Minnesota (TA-
W-95,764C).
The workers' firm is a multinational company that designs,
develops, and delivers to utilities companies electrical meters
and other devices and solutions that support the smart measurement
of energy, water, and gas.

The subject worker group located at Alpharetta, Georgia (TA-
W-95,764 & TA-W-95,764B), which serves as the regional
headquarters, supply information technology, research and
development (design development engineering), and customer
delivery services. Services supplied at Pequot Lakes (TA-W-95,764A
& TA-W-95,764C) includes information technology, supply chain
management, research and development (design development
engineering), and customer delivery.

During the course of the investigation, information was
collected from the petitioner and workers' firm.

TA-W-95,764 & TA-W-95,764A

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 services like or
directly competitive with the information technology, research and
development (design development engineering), and supply chain
management (only pertains to TA-W-95,764A) services supplied by
the workers which contributed importantly to the worker group
separations at Landis+Gyr Technology, Inc., Alpharetta, Georgia
(TA-W-95,764) and Pequot Lakes, Minnesota (TA-W-95,764A).

TA-W-95,764B & TA-W-95,764C

With respect to Section 222(a)(2)(A)(ii) of the Act, the
investigation revealed that imports did not increase. Imports
of services like or directly competitive to customer delivery,
were not reported during 2018, 2019, or during the period of
January through February 2020.

With respect to Section 222(a)(2)(B) of the Act, the
investigation revealed that the workers' firm did not shift the
supply of customer delivery services or like or directly
competitive services to a foreign country or acquire these
services from a foreign country.

With respect to Section 222(b)(2) of the Act, the
investigation revealed that the workers' firm is not a Supplier
or act as a Downstream Producer to a firm that employed a group
of workers who received a certification of eligibility under
Section 222(a) of the Act, 19 U.S.C. § 2272(a).

Finally, the group eligibility requirements under Section
222(e) of the Act, have not been satisfied either because Criterion
(1)has not been met since the workers' firm has not been publiclyidentified by name by the International Trade Commission as a
member of a domestic industry in an investigation resulting in an
affirmative finding of serious injury, market disruption, or
material injury, or threat thereof.

Conclusion

After careful review of the facts obtained in the
investigation, I determine that workers of Landis+Gyr Technology,
Inc., Information Technology and Research & Development (Design
Development Engineering), a subsidiary of Landis+Gyr AG, including
on-site leased workers from Discover Staffing, LLC; HUNTER
Technical Resources LLC; Aerotek, Inc.; Xpect Svc LLC; Digital
Intelligence Systems, LLC; Insight Global LLC; Randstad
Technologies, L.P.; Miracle Software Systems Inc.; HARMAN
Connected Services, and LeverX Inc.; Alpharetta, Georgia (TA-W-
95,764); who are engaged in activities related to the supply of
information technology and research and development (design
development engineering) services; and Landis+Gyr Technology,
Inc., Information Technology, Supply Chain Management, and
Research & Development (Design Development Engineering), a
subsidiary of Landis+Gyr AG, including on-site leased workers from
Pro Staff, Pequot Lakes, Minnesota (TA-W-95,764A), who are engaged
in activities related to the supply of information technology,
supply chain management, and research and development (design
development engineering) 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 Landis+Gyr Technology, Inc., Information
Technology and Research & Development (Design Development
Engineering), a subsidiary of Landis+Gyr AG, including on-
site leased workers from Discover Staffing, LLC; HUNTER
Technical Resources LLC; Aerotek, Inc.; Xpect Svc LLC;
Digital Intelligence Systems, LLC; Insight Global LLC;
Randstad Technologies, L.P.; Miracle Software Systems Inc.;
HARMAN Connected Services, and LeverX Inc.; Alpharetta,
Georgia (TA-W-95,764); Landis+Gyr Technology, Inc.,
Information Technology, Supply Chain Management, and Research
& Development (Design Development Engineering), a subsidiary
of Landis+Gyr AG, including on-site leased workers from Pro
Staff, Pequot Lakes, Minnesota (TA-W-95,764A), who became
totally or partially separated from employment on or after
March 3, 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."

Additionally, I determine that the requirements of Section
222 of the Act, 19 U.S.C. § 2272, have not been met and,
therefore, deny the petition for group eligibility of Landis+Gyr
Technology, Inc., Customer Delivery, a subsidiary of Landis+Gyr
AG, including on-site leased workers from Digital Intelligence
Systems, LLC; Alpharetta, Georgia (TA-W-95,764B); and Landis+Gyr
Technology, Inc., Customer Delivery, a subsidiary of Landis+Gyr
AG, including on-site leased workers from Pro Staff, Pequot
Lakes, Minnesota (TA-W-95,764C), engaged in activities related
to the supply of customer delivery services, to apply for
adjustment assistance, in accordance with Section 223 of the
Act, 19 U.S.C. § 2273.
Signed in Washington, D.C., this 22nd day of April, 2021


/s/ Hope D. Kinglock
_______________________
HOPE D. KINGLOCK

Certifying Officer, Office of

Trade Adjustment Assistance