Petitioner Type: State
Impact Date: 05/05/2019
Filed Date: 05/06/2020
Most Recent Update: 06/29/2020
Determination Date: 06/29/2020
Expiration Date: 06/29/2022
Employment and Training Administration
TA-W-95,913
JCPENNEY CORPORATE/HOME OFFICE
TECHNOLOGY OPERATIONS & SUPPORT
PLANO, TEXAS
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 May 6, 2020 by the state workforce office on behalf of
workers of JCPenney Corporate/Home Office, Technology
Operations & Support, Plano, Texas (herein referred to as
"JCPenney"). The worker group is engaged in activities related
to the supply of IT Level 1 support services.
During the course of the investigation, information was
collected from the workers' firm and the petitioner.
Section 222(a)(1) has been met because a significant number
or proportion of the workers in JCPenney 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 services supplied by the
workers which contributed importantly to worker separations at
JCPenney.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of JCPenney
Corporate/Home Office, Technology Operations & Support, Plano,
Texas, who are engaged in activities related to the supply of IT
Level 1 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 JCPenney Corporate/Home Office, Technology
Operations & Support, Plano, Texas, who became totally or
partially separated from employment on or after May 5, 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 29th day of June 2020.
/s/Hope D. Kinglock
______________________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance