DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-95,926

HCL AMERICA, INC.

ENGINEERING, R&D SERVICES, AND DIGITAL PROCESS OPERATIONS

SYRACUSE, NEW YORK

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 19, 2020, by three workers on behalf of workers of

HCL America, Inc., Engineering, R&D Services, and Digital Process
Operations, Syracuse, New York. 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. The worker group on whose behalf
this petition was filed supplies engineering, R&D services, and
digital process operations, which encompasses order-to-cash
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.

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

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., Syracuse, New York.

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,
Syracuse, New York, who are engaged in activities related to the
supply of engineering, R&D services, and digital process
operations, which encompasses order-to-cash 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 HCL America, Inc., Engineering, R&D Services,
and Digital Process Operations, Syracuse, New York, who
became totally or partially separated from employment on or
after May 18, 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 22nd day of January, 2021


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

Certifying Officer, Office of

Trade Adjustment Assistance