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TAW-98147  /  Oracle America Inc. (Hillsboro, OR)

Petitioner Type: State
Impact Date: 12/13/2020
Filed Date: 12/14/2021
Most Recent Update: 06/16/2022
Determination Date: 06/16/2022
Expiration Date: 06/16/2024

UNITED STATES DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-98,147

ORACLE AMERICA INC.

SUPPLY CHAIN OPERATIONS-HLS

A SUBSIDIARY OF ORACLE CORPORATION

HILLSBORO, OREGON

Certification Regarding Eligibility

To Apply For Worker Adjustment Assistance and

Negative Determination Regarding Eligibility To Apply For

Alternative Trade Adjustment Assistance

TRADE ADJUSTMENT ASSISTANCE

In accordance with Section 223 of the Trade Act of 1974, as
amended ("the Act"), 19 U.S.C. § 2273, the Department of Labor
("Department") herein presents the results of an investigation
regarding certification of eligibility to apply for Trade
Adjustment Assistance ("TAA") for workers.

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, or an appropriate subdivision of the
firm, have become totally or partially separated, or are
threatened to become totally or partially separated;

(2)(B)(i) there has been a shift in production by such
workers' firm or subdivision to a foreign country of
articles like or directly competitive with articles which
are produced by such firm or subdivision; and

(ii)(I) the country to which the workers' firm has
shifted production of the articles is a party to a free
trade agreement with the United States;

(II) the country to which the workers' firm has
shifted production of the articles is a beneficiary under
the African Growth and Opportunity Act, or the Caribbean
Basin Economic Act; or

(III) there has been or is likely to be an increase
in imports of articles that are like or directly
competitive with articles which are or were produced by
such firm or subdivision

The investigation was initiated in response to a Trade
Adjustment Assistance for Workers (TAA) and Alternative Trade
Adjustment Assistance (ATAA) petition dated December 13, 2021 and
filed on December 14, 2021 by a State Workforce Office, on behalf
of former workers of Oracle America Inc., Supply Chain Operations-
HLS, a subsidiary of Oracle Corporation, Hillsboro, Oregon
(hereafter referred to as the "group of workers"). In accordance
with 20 CFR 618.110 a worker group is defined as, "including
teleworkers and staffed workers."

The group of workers is engaged in activities related to the
production of high-volume racks (hardware assemblies).

The petition alleges that worker separations, or threats
thereof, were due to "Workers have reported reduction in forced-
layoffs at Hillsboro, OR location. Work performed around assembly
of cloud service data storage devices/servers, and microchips for
data centers. Workers indicate that many of the parts used to
assemble servers were from Foxconn Computer Technology in
Singapore/Taiwan and report belief that some work went overseas.
Noted that they compete with China and India. Or three previous
certified petitions for shift of jobs to foreign country- 93065,

93065A, 94803."

During the course of the investigation, the Department
collected information from the petitioner(s), the workers' firm,
and other relevant sources.

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 a shift in
production of high-volume racks (hardware assemblies) to a foreign
country has occurred and there has been or is likely to be an
increase in imports of articles that are like or directly
competitive with articles which are or were produced by such firm
or subdivision.

ALTERNATIVE TRADE ADJUSTMENT ASSISTANCE

In accordance with Section 246 the Trade Act of 1974, as
amended ("Act"), 19 U.S.C. § 2813, the Department herein presents
the results of its investigation regarding certification of
eligibility to apply for Alternative Trade Adjustment Assistance
("ATAA") for older workers.

The group eligibility requirements for workers of a firm under
Section 246 (a)(3)(A)(ii) of the Trade Act are satisfied if the
following criteria are met:

(I) Whether a significant number of workers in the workers'
firm are 50 years of age or older;

(II) Whether the workers in the workers' firm possess skills
that are not easily transferable; and

(III) The competitive conditions within the workers'
industry (i.e., conditions within the industry are adverse).

The Department has determined that criterion (I) has been
met. A significant number of workers in the workers' firm are 50
years of age or older.

The Department has determined that criterion (II) has not
been met. The workers do possess easily transferrable skills.

Conclusion

After careful review of the facts obtained in the
investigation, I determine that workers of Oracle America, Inc.,
Supply Chain Operations-HLS, a subsidiary of Oracle Corporation,
Hillsboro, Oregon, who are engaged in activities related to the
production of high-volume racks (hardware assemblies) 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 Oracle America, Inc., Supply Chain
Operations-HLS, a subsidiary of Oracle Corporation,
Hillsboro, Oregon, who became totally or partially separated
from employment on or after December 13, 2020, 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; and I further determine that
all workers of Oracle America, Inc., Supply Chain Operations-
HLS, a subsidiary of Oracle Corporation, Hillsboro, Oregon
are denied eligibility to apply for alternative trade
adjustment assistance under Section 246 of the Trade Act of
1974, as amended."

Signed in Washington, D.C. this 16th day of June, 2022


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

Certifying Officer, Office of

Trade Adjustment Assistance